http://www.seafarerslog.org/archives_old/files/original/41c5d8be7a4667384daa4b3c0ca20ff7.PDF 938e9f45ad9acdb41debe48232694984 PDF Text Text ijaast ffteMaiiwaia'iwww Official orgaii of the SEAFARERS INTERNATIONAL UNION • Atlantic, Gnlf, Lakes and Inland Rhters District'AFL-CIO i.^ SEAFARERS LOG I' JaMl972 Vd. XXXIV No. 6 1 r I' I' Trans-Alaska Pipeline - '• (See Page 5) - -Vii iii' wgmm M •\ .. t (See Page 5) (See Page 6) •. 11^ Page 3) Pi ;«• if';.;'K;:-'iK';'•• i-' ... ..m:mf'-m''•'-- ^ Center in Operation 1^1' I' (SM Page 3) it iage 12) iim in ,4>»' •' (See Page 22) ii»Pir * . .: •' sils'- rnUm -* -cv* «>• A (See Page 21) �• •-V'J •i' •tJ J :4 -f| J. The SlU and the Learning Process The congratiilations of all Seafarers go to the wioners of the SIU scholarships in this, the nineteenth year of the scholarship program. SR DP EO IMR This year's winners join a long procession of young men and women whose intelligence and diligence have earned them the union's assistance in higher education. Past winners have been a credit to the program, and surely the "Qass of 1972" will bring the program even more honor and more respect. We offer the five winners our best wishes for success in their college careers. The scholarships are, and they always have been, a fine and fitting part of the total education program of the SIU, a union historically immersed in the learning process. It is not merely self-serving back patting to say that the SIU has achieved the best, and the most expansive, edu­ cation program in the union movement. And it didn't come about by accident. The program evolved from upgrading training pro­ grams carried on in the ports. Small programs that helped members of the SIU advance themselves in their careers, improve their working skills and not miss a day's sailing or lose valuable seniority. From there we advanced to formal, large-scale training programs for both entry rating and upgrading and we consolidated all the various education programs into one at the Harry Lundeberg School in Piney Point. There was resistance to that within the union. Some thought Piney Point would be a "white elephant." But each day of its existence proves the true value of the Piney Point school, for each day young men leam a new trade and the professional Seafarer takes the necessary steps on the road to career improvement. We can be proud, extremely proud, of the school's record in granting equivalency high school diplomas to young men who would otherwise have faced a bleak life of little opportunity. The SIU committment to education runs still deeper, and without exaggerating it can be said that it extends to the four comers of the world through the education direc­ tor who is a member of the SIU ship's committee aboard each and every vessel we man. None of that means that the SIU education program is perfect or that we are doing enough. Perfection is impossi­ ble in this world, and being too satisfied is a great danger. For any education program to succeed it must be constantly under analysis and always willing to adapt to well placed criticism. And it must never lose sight of its goal—the improvement of man. Education is for the total man. As he leams, he grows bigger, if not in stature, at least in spirit. And learning is one of the most remarkable exercises in all human en­ deavor—^the more learning you take, the more there is to get. Because one fact may lead to several paths of inquiry and those paths branch off to several more. We in the SIU intend to keep exploring the paths of education for our members and their families. lliB future commands it. AV 4 f" 'L- ."f-i- r.i;\ . • And the Lundeberg School is more than just a voca­ tional center, it is a center of academic learning as well. Change of address cards on Form 3579 should be sent to Seafarers International Union, Atlantic, Gulf, Lakes and Inland Waters District, AFL-CIO, 675 Fourth Avenue, Brooklyn New York 11232. Published monthly. Second Class postage paid at Washington, D.C. Page 2 • j �SlU Membership Voting on New Contract il New freightship and tanker agree­ ments, both of which secure significant increases in wages and overtime for Seafarers, along with a new pension provision and beneficial work rules changes have been negotiated between the SIU's AGLIW District and its contracted companies. The three-year contracts are being presented for membership approval at all SIU-AGLIW port membership meetings this month, and on board ships as they arrive in port. K this proposed contract is approved by the membership, it will be submitted to the federal Pay Board according to Phase II regulations. To bring the new contract into compliance with the Pay Board and to protect the monetaiy gains, the work rules of the contract have been renegotiated. The pension provision stipulates that in Edition to retirement on full pension at age 55 after 20 years of seatime, a Seafarer may secme an extra $15.00 per month above the present early normal pension for each additional year he remains in the in­ dustry up to a maximum of $355 per month. If a 55-year-old Seafarer with 20 years seatime decides to continue sail­ ing for an additional year, his pension for life will be increased to $265.00. If he remains active for two years, he will receive $280.00, and so on until the $355.00 maximum is reached. Premium Overtime In addition to the standard over­ time rate for work performed Monday tlirough Friday, a unique new pre­ mium rate of overtime for work done on Saturdays, Sundays, and holidays has been established in the new agree­ ments. This new premium rate is a "first" for unlicens^ personnel in the in­ dustry. Some highlights of the new basewage increases include: • In the deck departments, the freightship bosun's rate is increased $147.87 to $804.96 per month over three years. The SIU tanker bosun (aboard vessels of 25,500 D.W.T. oi* over) will receive a $157.76 base-wage increase over three years to $848.42 per month. The able seaman receives a pay in­ crease of $113.64 over three years aboard tankers, to a new monthly fate of $620.05. The ordinary sea­ man's wages are raised over three years to $479.04 per month aboard freightships, and $491.67 aboard tankers, for a base pay increase of $87.83 and $89.89 respectively. Aboard freighters, the monthly in­ crease over three years is $112.30 for a new rate of $612.85 per month. • In the engine departments, the chief electrician aboard freighters re­ ceives a wage increase of $174.14 over three years to $946.97 per month. Tanker chief pumpmen go from the current rate of $707.06 to $866.27 over three years for an in­ crease of $159.21. Wipers will re­ ceive a pay boost of $104.25 over three years aboard tankers to $569.30 per month. Wipers aboard freightships will go to $569.28 over three years. Oilers aboard freightships receive an increase of $112.30 over three years to a, new monthly rate of $612.85. Diesel oilers will go to $659.51 per month over three years, an increase of $120.95. Oilers sailing aboard tankers will go to $620.05 per month over three years. June 1972 SIU Vice President Earl Shepard discussed the proposed new contract at the June membership meeting in the Firemen-watertenders will go to $612.85 per month over three years aboard freighters, an increase of $112.30. The fireman-watertender on tankers will receive $620.05 after three years, an increase of $113.64. • In the steward departments, the tanker chief steward (vessels of 25,500 D.W.T. or over) .will receive a boost of $158.40 over three years to $804.96 per month over three years for an increase of $147.87. Messmen aboard tankers will re­ ceive a raise of $86.86 over three years Port of New York. The meeting was attended by SIU scholarship winners and their families. (See Pages 6-7) to $475.30 per month. Messmen aboard freighters will go from the current rate of $388.45 per month to $475.31. Comparable base-wage increases have been secured for other ratings. A number of penalty work rates, covering such jo^ as handling ex­ plosives, have been increased, while at the same time duties never before included under penalty rates, such as sand blasting and refueling at sea, are now covered by the higher penalty rate. The contracts also maintain the SIU's precedent of providing the high­ est penalty port time rate in the in­ dustry for hours worked before eight and ^er five. Tank cleaning, hold cleaning, standby and longshore work rates have been substantially increased by the agreements. In some cases, the new rates are more than double those con­ tained in previous contracts. For ex­ ample, hold cleaning, which previ­ ously called for 52 cents per hour has been raised to the overtime rates of (Continued on Page 5) Hill Committee Reports Bill Setting 50% Oil Imports Carriage for U.S.-flag Ships The House Merchant Marine and and Fisheries Committee has passed by a vote of 26-4 a bill which would require that half of the nation's crude oil imports be carried aboard U.S.-flag ships. The bill now goes to the House Rules Committee \^here it is expected that the powerful oil interests, which ports of small refineries which bring less than 30,000 barrels of oil per day into this coimtry. The measure has been supported by independent tanker operators in order to get many of their laid-up ships plying the seas again and thus offer­ ing job opportunities for those Sea­ farers manning them. The SIU also has been a staunch supporter of the measure. Committee members who partici­ pated in the final action on Ae bill reported that (t "was passed with strong support." The Senate Commerce Committee earlier had passed a similar measure and attached it as a rider to the Mari­ time' Administration's fiscal authori­ zation bill. The bill is expected to come up for a vote before lie Senate in the near future. SiU-Contracted Wa+erman Co. Signs Operating Subsidy Pact with MARAD Rep. Edward A. Garmatz argued strongly against the measure in heamgs conducted by the Merchant Marine and Fisheries Committee, will try to bottle it up. As reported out by the committee chaired by Rep. Edward A. Garmatz (D-Md.) the bill exempted residual fuel and heating oil imports from the 50 percent U.S.-flag ship carriage stipulation. It also exempted the crude oil imr The SlU-contracted Waterman Steamship Company in May signed a three-year operating dif­ ferential subsidy contract with the Maritime Administration for eight break bulk vessels operat­ ing on the Gulf to Far East trade route. The new contract covers a min­ imum of 18 and a maximum of 30 vessel journeys per year under ODS. The ships involved are C-2s De Soto, Hastings, Topa Topa; C-3s Hurricane, La Salle, Morn­ ing Light; and C-4s Hong Kong Bear and Washington Bear which Watdrman will charter from Pacific Far East Lines. Waterman has a total of 19 ships which have been brought under ODS in the past two years. The company operates eight break bulk and three LASH ves­ sels on the Atlantic and Gulf to India, the Persian Gulf and the Red Sea trade route under an ODS contract signed in June, 1971. Laid-up Tankers Are Reactivated A recent upsurge in the tanker in­ dustry has brought several ships out of layup and created job opportunities for &afarers. In March, 13 SlU-contracted tank­ ers totaling 538,812 deadweight tons were reported in layup. By the end of May, nine of them had obtained govenunent charters and were once again sailing to ports around thte world. Among the tankers reactivated were the Manhattan, Transsuperior, Over­ seas Alice, Overseas Joyce, Overseas Rebecca, Overseas Valdez, Perm Champion, MonticeUo Victory and Montpelier Victory. I �SlU Elections Upheld; Complaints Dismissed The U.S. Secretary of Labor has advised that the Labor Department is dismissing attempts to set aside the 1971 election of SIU officers. The Labor Department said that after investigation of protests of the 1971 election, there is no basis imder the law—including the SIU Constitu­ tion—^for any action to set aside the vote. This determination by the La­ bor secretary closes out all issties con­ cerning the election. Here is a report on LalMM* Depart­ ment actimis snlmiitted by the SIU's Gmeral CounseL The protests investigated by the Secretary of Labor were filed by one active member and one pensioner. The protests concerned themselves not with the conduct of the election, but with the rules and regulations for candidates spelled out in our Constitu­ tion which was adopted overwhelming­ ly by the membership. Latest In Series As in all investigations by govern­ ment representatives. Union General Coimsel, his staff, officers and employ­ ees of the luiion were required to spend considerable time and effort meeting and conferring with the investigators, breaking out and making available voluminous records and material and preparing appropriate memoranda and positions. It is apparent that such efforts are at considerable expense and equally prevented union representa­ tives and staff frcmi attending to their regular duties and servicing Uhe mem» bership. This mo^ recently concluded ipvestigation iS only one episode in what has been uniformly happening after all our officers' elections, since im­ mediately after the passage of the Landrum-GriflBn Act in 1959. In oin 1960 officers' elections and again in 1964, btie of the men . rer ferred to protested the election. In both instances the Secretary of Labor thoroughly investigated the protests and foimd no basis to move against the results of the 1960 and 1964 elections. , In the 1968 officers' election, the men referred to again protested ^e election. After investigation, the Sec­ retary of Labor, in 1969, brought an action in the Federal Court to set aside the election and for a rerun under his supervision. The union, through its General Coimsel, main­ tained that the election, its rules and regulations, were in accordance with the Taw and the SIU Constitution, and strenuously defended against the Sec­ retary's action. Voluminous preparation and court work was performed by union General Counsel in conjunction with the union officers and staff so as to establish the correctness of our position—that there was no basis to set aside the election and run a new one. Finally in early February, 1972, upon stipulation and agreement of all parties, the Federal Court made an ^ order discontinuing the Government's action, permanently ending the case without interference with the election or its results. Thus after four years, the results of the 1968 election were upheld. tion of these complaints by the Labor Department and the Federal Court certainly indicates that the Union—as an institution—^has been subjected to imnecessary drain upon its financial and manpower resources. Even though, as the results have in­ dicated, this costly fight by the union was unnecessary, it was nevertheless essential that the union fight them in order to protect the union, which is the very keystone of the interests of dl the membership. Any and all un­ justified attacks on the union must be fought in the best interests of the membership it represents. And so the complaints against the union's election had to be fought in the same manner, and with the same determinatiiMi, to protect the member­ ship's interest as was the fight against the now-dismissed indictments against the union for political activity. Whether such complaints or at­ tacks have any substance or not, they require the same kind of effort and resources to fight against them. In the cases of the dismissals cited here, ob­ viously there was no substance to the complaints and so the fights were un­ necessary but had to be fought never­ theless. NLRB Rules Contracts Can't Hinder Domestic Ship Sales The National Labor Relations Board, in a decision expected to have a widespread effect oh the merchant marine, has ruled that unions cannot use the collective bargaining agree­ ment to stop the sale of ships. In a case involving the sale of the tanker Barbara by Commerce Tankers to Vantage Steamship Co., the NLRB found that the National Maritime Union was guilty of an unfair labor practidb in having the sale enjoined on grounds that the company failed to notify, them of the sale as provided by the union contract. The NLRB ruling prohibits the Twelve Years NMU from .enforcing tho^ sectioi^D^ Thus ends. 12. years of costly union the contract, and thus ruled against involvement as .the result of ffie ccmathe concept that "the contract follows plaints filed by the twp men "referred . the^hip.'T to above against die condupt oi SIU ' i^jt%>lipept^in 'the past has forced elections. The dismissals and disposi­ several companies to sell their ships to foreign nations in order to avoid potential labcn trouble. Maritime industry spokesmen said the decision would change' the indus­ try by permitting management "to negotiate ship sales among ourselves without always having to be worried about getting shut down if we sell to the wrong guy." The NLRB charge of unfair labor practice was brought against the NMU by the Vantage company. TTie SIU supported the Vantage position. SIU President Paul said of the decision, "our point of view has pre­ vailed because it is, I think, good for the . industry over all. But we are nc4 victors and they are dot vanquished because the decision will cut both ways. They will probably lose some ships to us, but Pm sure we'll also wind up losing some ships to them." r •T National Maritime Council ;f .iK'.;." ' • I' /<1 Statement of Purpose The National Maritime Council is a uni-^ified organization of all segments of this industry, the ocean carriers, the land-based maritime and sea-going unions, the ship­ builders, and the Department of Commerce of the federal government. Its purpose is to develop a strong, competitive, modem American-built, privately-owned and oper­ ated U.S.-flag Merchant Marine which will afford U.S. impprters and exporters the finest and most consistently operated mari­ time fleet in the world. The Council's job is the implementation of programs designed to gain ffie confidence and support of im­ porters and exporters in order to secure their maximum use of U.S.-flag vessels in the foreign commerce of the United States. • . : ; -/aJ lo , v;.':••f.uiiiiii'jfn' Of. •• The Seafarers International Union is a participating member of the Njafiffnal Maritime Council. MJ pagr4 �I• X . • Trans-Alaska Pipeiine Givers OK by Interior The long-delayed, vitally needed, Trans-Alaska oil pipeline moved closer to becoming a reality in May when Interior Secretary Rogers C. B. Morton announced that he intended to issue permits for its construction. The pipeline would be built to trans­ port oil from the Alaskan North Slope oil fields around Prudhoe Bay to the Port of Valdez in southern Alaska. From there, U.S.-flag tankers would transport the oil to a refinery north of Seattle, Wash. Secretary Morton, in announcing his decision, said, "I am convinced that it is in our best national interest to avoid all further delays and un­ certainties in planning development of Alaska North Slope oil reserves by having a secure pipeline located under the total jurisdiction and ex­ clusive use of the United States." However, it was clear that the pipe­ line would face more delays because of legal action brought by conserva­ tion groups and the Canadian govern­ ment. Ecology Threatened Conservation groups claim that the pipeline would cause permanent eco­ logical damage to the Alaskan wilder­ ness, and the Canadians claim that their fishing and recreation areas on the Gulf of Alaska would be threatened by the possibility of oil spillage. On the other hand, said Secretary Morton, regulations have been drawn. both for the construction of the pipe­ line and for the ships that will carry the oil, thed minimize the dangers to the epvironment. "No other pipeline or petroleum transportation system is subject to the degree of protection that our stipula­ tions will provide," the secretary said. Secretary Morton said he had given serious consideration to a pipeline route across the north part of Alaska and through Canada to the Midwestern United States. 'Not Feasible* He said he had dismissed maritime routes through the Northwest Passage, the Beaufort Sea and the Bering Sea as being "not technologically feasible at this time." He dismissed the Trans-Canada route, he said, for several reasons in­ cluding uncertainty of financing, greater ecological danger and delay caused by the preparation of engineer­ ing reports over the proposed Cana­ dian route. Secretary Morton added, "my final decision was reached after months of deliberation with consideration of the views that have been expressed from all ddes. On balance, I am convinced that my decision now in favor of a Trans-Alaska pipeline is in the best interests of the Nation and the Amer­ ican people." The SIU has supported the TransAlaska route. FPC Official Approves LNG ImpoM-, Construction Plan A $1.33 billion program to import liquid natural gas (LNG) from Algeria and the construction of facilities and cryogenic tankers has been approved by an examiner of the Federal Power Commission (FPC). Upon final ap­ proval by the entire Commission, the letting of bids for the six domestic ship contracts will be issued. Presently the Commerce Depart- S/U's Shepard Attends IMCO Conference I? SIU Vice President Earl Shep­ ard in May participated in meet­ ings of the Maritime Safety Committee of the Intemationd Maritime Consultative Organiza­ tion (IMCO) held in London, England. The safety committee session was the first of several planned to discuss all aspects of ship safety including minimum man­ ning of watches, minimum qualifications;for watch standers both licensed andunlicensed, training requirements for various kinds of vessels and international stand­ ards for officers and crews. Shepard was an advisor to the U.S. delegation and participated in the drafting of documents on basic principles of a safe naviga­ tional watch on the operations of the officer of the watch. Two meetings of the IMCO committee are scheduled for 1973. June 1972 ment has $73.2 million in its fiscal 1973 budget for subsidies for four Ameri­ can-built LNG tankers. The Maritime Administration has also already ap­ proved a subsidy rate of 17 percent for the tankers. Imports of 365 billion cubic feet of LNG would be provided over the next 25 years by the El Paso Marine Co., a subsidary of the Texas firm which now supplies natural gas over­ land to customers in the Southwest. To help finance portions of the proj­ ect, the Export-Import Bank has signed a preliminary letter of under­ standing. The first full year of the LNG deliveries is expected to be 1977. It would come from the rich Hassi Rimel field in the Algerian Sahara and will be produced by Sonatrach, a state-owned oil and gas company. This company will spend approximately $600 mil­ lion for the pipelines, a liquefaction plant and storage facilities. El Paso will provide about $500 million for nine insulated tankers. Three have already been approved by the FPC for construction in a French shipyard. Three carriers of the spherical design and three using the membrane design wilFbe built in the U.S. Fi^e Per Year According to El Paso Natural Gas officials, three of the $70 million LNG could be built at the General Dynam, ics Shipyard in Quincy, Mass. General Dynamics is the only U.S. licensee to use the spherical Moss-Rosenberg de­ sign. The Quincy shipyard could, accord­ ing to an editorial in an employeperiodical, deliver its first ship by 1973 and attain construction of five ships per year by 1975. OiIBCEHISSIliiSmTlB IBIBOXDMr By B. Rockor Cargo Preference Senate bill S. 3404, to require that 50 percent of all oil imports be carried in U.S.-fiag ships, has been modified in the Senate Commerce Com­ mittee, and the concept of that bill has been added as an amendment to the Maritime Authorization Bill. As amended, residual fuel oil and No. 2 would be excluded from the requirement. Approximately two million barrels of oil a day, exclusive of these two types, are now imported, and all imported oil is carried wi foreign-flag ships;. The Commerce Committee has ordered the bill out of committee, but no date is scheduled yet on the Senate floor for discussion and vote. The House Merchant Marine and Fisheries Committee presently is con­ sidering three cargo preference bills. H.R. 12324, identical to S. 3404 as it was introduced, is still in the Committee. Hearings were concluded in March. H.R. 10923, introduced by Rep. Edward A. Garmatz (D-Md.) and others, would require that U.S. government agencies make every effort to ship 100 percent of their cargo in privately owned U.S.-flag ships "when there is no substantial difference between U.S. and foreign ocean freight rates at time of shipment." H.C. Res. 403 deals with military cargo, and would make it mandatory that military cargo be shipped on U.S.-flag ships subject to national de­ fense ccmsiderations. Although the Military Cargo Act of 1904 required that all military cargo be shipped on U.S.-fiag ships, there has been some conflict in in­ terpretation. This is due to the fact that the Cargo Preference Act of 1954 provides that 50 percent of government-generated cargoes be shipped on U.S.-flag ships. H. Con. Res. 403 would make it clear that the Cargo Preference Act of 1954 does not override the 1904 Act, and that all military cargo should be transported on U.S.-flag ships. Authorizatkm fw Maritune Programs S. 3335, to authorize appropriations for fiscal year 1973, was intro­ duced by Sen. Warren G. Magnuson and referred to the Commerce Com­ mittee. The content of the bill, identical to H.R. 13324 wffich has already passed the House, includes auffiorization for construction differential subsidies, operating differential subsidies, research and development fimds and fimds for operation of maritime schools. There is also a provision to buy from operators 10 ships for a national defense reserve fleet. New Contract Negotiated (Continued from Page 3) $2.73, $3.44 and $4.48 over the three year life of the agreement, In addition, the rate for handling lines ashore has been doubled. New Ratiiigs The new contract also creates sev­ eral new ratings for engine depart­ ment personnel, such as QMED and Electrician/Reefer. These new ratings give engine de­ partment Seafarers an opportimity to considerably raise their earnings by securing the new ratings. The base wages for these ratings are in excess of $800.00 per month. Their premium rate of overtime is in excess of $7.00 per hour. In the steward department, the chief ccKdc's hours aboard SIU contracted vessels have now been changed so that they can earn the same amount of port-time hours as the rest of the steward department. The new freightship agreement pro­ vides for a rest period for day workers at sea, a provision previously con­ tained only in tanker agreements. The new tanker agreement provides a "first" through its payment of over­ time during refueling operations at sea. A new time-off penalty provides a full day's pay for each full day off not received by a Seafarer at the time it is due. For circumstances where four hours or less time off is not re­ ceived when due, a man will receive one-half day's pay. This reflects achievement of another "first" con­ tained in the SIU's contracts not found in any other contract in the in­ dustry covering unlicensed personnel. The allowance for launch service has been raised from the previous $2.00 to $5.00 and a new penalty provision has been added for lack of air conditioning aboard ship due to breakdowns. The idle status provision in the new contracts cuts idle time from ten to seven days and ^11, in the opinion of SIU negotiators, benefit the member­ ship greatly by returning ships to ac­ tive status much faster than previously has been the case. Several language clarifications are also included in the contracts. 5 �7972 Scholarship ... Five SIU scholarships valued at $10,000 each have been presented to the children of Seafarers in the Un­ ion's 19th Annual Scholarship Award program. Three young men and two young women were selected from among 32 applicants. They can use the money to forward their education in any ac­ credited college or xmiversity in the United States or its territories. No Seafarers applied this year. The five winners are: Marilyn B. Callster, daughter of Seafarer and Mrs. Raymond Calister. David J. Crowley, son of deceased Seafarer and Mrs. John L. Crowley. Joyce Parker daughter of Seafarer and Mrs. James W. Parker. Thomas H. Rood, son of Seafarer and Mrs. Donald L. Rood. Steven K. Wong, son of Seafarer and Mrs. Kong Wong. This year's five winners brings the total number of scholarships awarded since 19S3 to 98. Of that number, 26 were Seafarers and 72 were the chil­ dren or dependents of SIU members. During the past 19 years the SIU has awarded $354,550 in scholarship benefits. Marilyn Callster Marilyn B. Calister, 18, is presently attending Canarsie High School in Brooklyn, N.Y. and hopes to attend either Buffalo or Boston University this fall. In a moving description of how she chose her future work, Ms. Calister explained "it was Joseph who showed me which path to take." Sl\e writes that "Joseph is a six-ye^-olrf feiliif damaged child who was put in my care for two months" this past sum­ mer. Working with Joseph took patience and love but finally Ms. Calister "taught him to read and crawl on his hands and knees." She intends, to pursue a career of physical therapy by majoring in biological science and minoring in physical science while in college. Ms. Calister is very active in extra­ curricular activities in high school and is co-captain of the gymnastic team. Her scholastic abilities have earned her a place in the school's Arista Honor Society. The letters of recommendation srat in for Ms. Calister complimented her highly on her sincerity, intelligence and leadership ability. A parish priest wrote that "Marilyn possesses a firm sense of honesty and dedication in her many involvements. She is an extreme­ ly competent and resourceful young woman who is imafraid to apply her­ self to tasks at home, in school, and within the community." A teacher in the Canarsie English Department writes "as a woman of character, Marilyn exceeds most people of her age. ... To those of us who know her, there can never be any doubt that we are fortunate enough to know an outstanding hu­ man being." Her father, Raymond Calister, has been a member of the union since 1960 when he joined in the Port of -New York. He sails as a deck hand for the Railway Marine Region cff the union. In 1967, Marilyn's older brother, Anthony, also won an SIU scholar­ ship when he too was a senior at Canarsie High School. Valerie Ann Calister, Marilyn's older sister, was chosen as an alternate winner in the 1968 competition. David Crowl^ David J. Crowley, 17, of New Salem, Pa., will graduate in June from Uniontown Area Senior High School. He hopes to attend the Uni­ versity of Maryland or the University of Pennsylvania to study politick science. Mr. Crowley wrote, "Since an understanding of political structure is necessary to improve social stand­ ards, I intend to become a political scientist." Active in high school activities, Crowley is sports editor of the school paper and a member of the Science Qub. His English teacher wrote, "in my association with David Crowley dur­ ing the past three years, I have found him to possess a positive and stimulat­ ing ethical character in which his peers fiiid a challenge to their growth as well as an example for their own liv­ ing." David's father, John L. Crowley, passed away in 1956. He had joined the union in 1945 in the Port of New York and sailed in the deck depart­ ment. Joyce Parker Joyce Parker, 18, is a senior at Muskogee High School in Muskogee, Okla. and plans to attend either Bacone College or Saint John's School of Nursing. Ms. Parker's career goal is to be­ come a registered nurse so she can use her skills "to help people." "Work­ ing in a doctor's office," says Ms. Pai;ker, "isn't for me. I'd like to work in a hospital or maybe go in the serv- . ice." Her interest in nursing is shown by her extra-curricular school activities. She is a member of the Medical Spe­ cialties Club and is working as a nurse's aid in her community. Ms. Parker is also very able scholastically and is on her school's honor roll. Her principal writes that she has "a very good scholastic average and a positive attitude toward her work." Her father, James W. Parker, joined the union in 1951 in the Port of New York and sails in the deck department. Thomas Rood Thomas H. Rood, 18, lives in Elysburg, Pa. and attends Southern Colum­ bia Area High School in Catawissa, Pa. He hopes to go to Pennsylvania State University or Carnegie Mellon University to study architectural engi­ neering. Mr. Rood has been active in such school organizations as the Drama Club, Chess Team, Spanish Club and Art Club. His grades have earned him a place in the Honor Society and he also received a Letter of Commenda­ tion from the National Merit Scholar­ ship Program this year. Outside of school, young Rood is a member of the Boy Scouts of America and the Luther League, a church organizaticm. His principal writes that Rood "is honest, dependable, punctual and very cooperative. His leadership qualities are also above average." Thomas' father, Donald L. Rood, sails in the deck department. He joined the union in 1945 in the Port of New York. Steven Wong Steven K. Wong, 17, lives in Brook- r.l f �... Winners Announced 4 I ' lyn, N.Y. where he attends Brooklyn Technical High School. In the fall he would like to study aeronautical engi­ neering at either Brooklyn Polytech­ nic Institute or Massachusetts Institute of Technology. His outside interests are coin col­ lecting, fishing and baseball. In high school, Mr. Wong has distinguished himself academically by being elected to the Arista Honor Society. In a letter of recommendation to the union, a friend of the Wong fam­ ily wrote, "In my opinion, Steven possesses an excellent character and personality, that he is of high unques­ tionable integrity, trustworthy and ex­ ceedingly capable." Steven's father, Kong Wong, has been a very active union member since he joined in 1953 in the Port of New York. He has helped on or­ ganizing jobs and has often served as department delegates while sailing. Besides the five scholarship winners, two alternates were picked in case any of the awardees are unable to accept. They are: Ruth Caipento, daughter of Sea­ farer and Mrs. Alvin C. Carpenter. Rdbert B. Stennett, son of Seafarer and Mrs. Charles D. Stennett. The winners and alternates were picked by an impartial board of six educators: Dr. B. Ireland, College Entrance Examination Board; Dr. E. Kastner, New York University; Mr. R. Keefe, Lewis and Clark College; Dr. C. Lyons, Jr. Fayetteville State University; Mr. D. O'Connell, Uni­ versity of Chicago, and Edna Newby, Douglass College. According to the scholarship com­ mittee, the records of this year's ap­ plicants were the best they had ever seen and they found their job of pick­ ing winners very difficult. The SIU was the first maritime un­ ion to offer scholarships and the pro­ gram is considered one of the best "no strings attached" plan in the country. Realizing that the cost of education has risen over the years, the scholar­ ship award was rais^ from $6,000 to $10,000 last year. Steven Wong and Marilyn Calister, two of the 1972 scholarship winners, are congratulated by SIU President Paul Hall at the June membership meeting in the Port of New York. From the left are: Seafarer Raymond Calister, Mrs. ? . Two of this year's scholarship winners and their families attended the June membership meeting in the Port of New York to receive congratulations from union officials and the rank-and-file members. Seated at the meeting in the front row, from the left are Steven Wong, Mrs. Wong, Seafarer Wong, Seafarer Calister, Mrs. Calister and Marilyn Calister. Calister, Marilyn Calister, Hall, Steven Wong, Mrs. Wong and Seafarer Kong Wong. Ii . 'i t Meeting on May 8 at SIU Headquarters in Brooklyn, N.Y., the scholarship committee gets ready to pick this year's five winners. Seated from left are: Elwood C. Kastner, Dean Emeritus at New York University; Charles D. O'Con­ nell, Dean of Students at the University of Chicago; Bernard P. Ireland, As­ sistant to the Executive Vice-President on the College Entrance Examination June 1972 Board; Charles A. Lyons, Jr., President of Fayetteville State University; Edna M. Newby, Associate Dean at Douglass College, and R. M. Keefe, Director of Admissions at Lewis and Clark College. Talking with the committee before they begin work is Price C. Spivey, administrator of the Seafarers' Plans. Page 7 J fil I �AFL'CIO Outlines Maritime Program^ Economic Goals to Democrats, Republicans In a statement to the platfonn committees of both the Republican and Democratic parties, the AFL-CIO said the only "tolerable" alternative for maritime was "to restore America's historic place as a major seapower with a far-ranging merchant fleet and a strong naval force." In the realm of shipbuilding, the federation said that Ae 30-ships-a-year construction rate in­ corporated in the Merchant Marine Act of 1970 "must be accelerated to 50 ships per year in the immediate future" if the nation is to have a viable shipbuilding industry in the future. In outlining its maritime program, the federa­ tion stressed the need to ship American goods in American-flag ships, the need for a large-scale shipbuilding program and continued operation of the Public Health Service hospitals. To that end, the AFL-CIO said, "we ask full support for legislation which would authcH-ize ade­ quate funds for operating and construction sub­ sidies to keep the American merchant marine afloat." Effects of Provirions The AFL-CIO gave its "full support" to legisla­ tion requiring that 100 percent of all governmentfinanced cargo must be carried in American bot­ toms. The federation added, "ship construction de­ pends upon the guarantee of cargoes for American ships after they are built." Both cargo preference law revision and the continuing efforts of govern­ ment, labor and ship management are needed to bring in the cargo, according to the federation. "We ask that 50 percent of all U.S. oil and natural gas imports be carried in American flag ships," the statement urged. If enacted, the federation said, those provisions would: • "Lessen the nation's dependence on other countries, since reliance on a third party for trans­ portation doubles the risk of the United States be­ ing cut off from needed supplies." • "Lessen the risk of oil spills and pollution since stricter controls and licensing standards will assure that these potentially dangerous and pol­ luting cargoes will be carried in the safest and ecologically conscious manner possible." • "Improve the U.S. balance of payments since the transportation costs would not result in a drain of U.S. doUars." • "Provide thousands of jobs for Americans who build and man these vessels." PHS Hospitals The AFL-CIO said it was "deeply concerned" about the government's efforts to close the eight remaining USPHS hospitals. The federation cited congressional resolutions urging study of alternative uses for the hospitals and said the Department of Health, Education and Welfare instead of heeding the resolutions, "con­ tinues its efforts to transfer the hospitals to com­ munity control." The federation urged that the hospitals be kept open and recommended that action be taken to assure their continued operation as "a vital seg­ ment of America's health care ssytem." In other maritime problem areas, the federation recommended: Closing the Jones Act loophole that exempts the Virgin Islands from the domestic shipping requirement; action to prohibit the export of Alaskan oU; and "tightly and rigidly" closing the tax advantages given owners of "runaway" ships. Program Offered In matters of interest to organized labor in general, the AFL-CIO offered a seven point pro­ gram "to create jobs and turn the economy around," a step made necessary by what the federation described as the "chaotic state" of the economy at present Included in the AFL-CIO program are sugges­ tions that public service employment be strength­ ened and expanded; that tax structure be reformed to eliminate loopholes that serve the rich; that Confess conduct a study of the nation's monetary policies with a view to reform; that the buying power of worker's wages be increased; that in­ equities in the current economic program be eliminated and that the Burke-Haitke bill on foreign trade and investment be adopted. 'I 41 il The Burke-Hartke bill, the federation said, is necessary to protect workers against a flood of im­ ports that have closed whole industries and put thousands out of work. The federation agajn repeated its call for passage of a National Health Security Act that would pro­ vide medical insurance for all Americans while guaamteeing free choice of doctor and health facilities. Other platform suggestions cover a broad spec­ trum of social concerns from the need for a bal­ anced approach to the resolution of problems of ecology and economic growth to the federation's strong opposition to compulsory arbitration as a means to end transportation strikes. • ^1Hn . <] �l\ *' -r^rvyVvf-. ' \.. -'u »J^-.-'' 'V«,' iV .. T^ols Sor Self Oestructiony f> ' F.( MAC '^tool/tul/'la: an instmment used or worked by hand: IM­ PLEMENT. 2a: an instnunent or apparatus used in perform­ ing an operation or necessai^ in the practice of a vocation or profession. 2h: a means to an end. 3: one who is used or manipulated hy another. The tool makers of the 8 tools shown here did not intend to • 'J^ • ••"' •• ••'•. construct tools of destruction. In the reality of the drug world the tool user is not practicing a vocation or a profession hut he is being manipulated hy .m': e:-r -v.:. • these tools in the art of his own destruction. Two tools could he added to the list: the pusher and the user. Your ea­ sier as a seaman will selfdestruct with a stick of mari­ juana or a grain of heroin. The c"- r" lives of your shipmates will also he manipulated hy your use of drugs. The possibility of an emergency on board is al- ways present and only alert minds can react to an emer­ gency. Don't let your world he manipulated into self-destruc­ tion hy drugs. .A) 4? .? J w i 1 '.: • -^- H •:• 'iT'^ "••'-iv r'--, ••'•• 9 June 1972 • 1. ,. .,...<0 ' '' - ^ ^, Wiw'-w.. �. li • rI-"#':?' Letters to the Editor Thanks and Tribute I want to ejqpress my sincere thanks to members of the Houston Texas branch for the splendid and most sym-; pathetic way they handled the funeral of my brother, Charles B. Rx)ss. Due to incapacity I was unatde to attend? but my son flew in from New Jersey and was treated with the utmost consideration. Charlie's thou^its were alw^s I with his mates and I am sure he would liave appreciated, as I do, all the kindness shown. I James L. Ross | E^ewood, RJL | -..no; • . '^lAhJl>-:^lU The membership of the SIU throughout the country mourn the loss of our brother Scottie Ross of Houston, He was well loved on Canal Street the members of the union and also by his friends at the American Can Com­ pany where he was a guard at the time of his death. It was a great loss and we will miss him very much. Brotherhood of the Sea Since we first began as a union, our union emblem has borne the words, "Brotherhood of the Sea." And the history of oiu: organization, the actions and support of the membership, has consistently demonstrated that the term "Brotherhood of the Sea" is more than a slogan. In reality, it is, and always has been, a way of life, a philosophy, for Seafarers. This organization was bom out of adversity, and adversity and struggle have been the name of the game—a part of the continuing prob­ lem for all men who go to sea as a way of Itfe. From virtually every quarter, the seamen's movement, and our own organization in particular, has ^en subject to constant attack by those who would seek to destroy our efforts as a trade union organization of workers determined to protect their own security and welfare. The indictment of our union by the U.S. Justice Department—^which sought to end the exercise of our right to participate in the political ac­ tions of our nation—is a case in point. The decision of the Federal Court in dismissing this indictment is gratifying—^to an extent. It supports our view and that of the entire American labor movement that the action was intended as a harassment and an attempt to intimidate Seafarers and other working men and women from exercising their rights to participate in the political arena—a par­ ticipation vital to the workers' welfare and security. But, by no means, was the comt dismissal a victory. You do not win anything when the objective of an effort is merely to preserve a basic rigjit. It was not a victory because the union had to defend itself—^unneces­ sarily—at great cost in terms of the involvement of union officers and in harassment of the membership in many areas. This was time and effort which could have been used in putting our maximiiTn energies and re­ sources into the never-ending fi^t to keep the maritime industry alive and expanding so that Seafarers will have jobs and their families can en­ joy the security to which they are entitled. So this fight against the indictment has been no different than the whole range of struggles we've been involved in since we first organized in order to preserve the only effective means there is to protect ourselves and that is, through the union, through collective action. The indictment of the iinion was no different than our early battles against the conununists who sought to destroy us. Or against a twisted enemy during World War II who was bent on replacing democracy with terror throughout the world. So the court dismissal of the indictment is not a victory. But it is a lesson in the value of union solidarity. It means that in this, as in all of our struggles, a strong and united membership standing solidly together, can fight off any and all manner of opposition which seeks to destroy the heart of our collective strength. So, once again. SIU members have stood together against a common enemy in keeping with the heritage and tradition of their union. Each Seafarer who closed ranks in defense of his union should know that he has made an important contribution to his own welfare and to that of his fellow Seafarers. Pa^/0 Scottie Here was a man so good and true. He belonged to the SIU. ; Well alwt^ remember our Scottie so well For he was the of the street Canal. ? He was always working so hard and true. For he was a member VV the SIU. Ouuks Pat Hnrlbnrt Honttm^ TeiBs i Welfare Plan Helps No Words can ever express our thanks to the Seafarers Welfare Plan for the check for my wife's confinement in hosfutal. May my sh^ates enjoy good health and happiness. ,AI ®p?Thank you. ; • WiDiam Minlder Pmuhmw Ed^wat», NJ. •iX Crewmembers Thanked ? ; On b^alf of my family I wish to express our heartfelt thanks to the officers and crew members of the 5S Ogden Willamette toi thetir kind expression of sympathy on the passing of my mcrther on January 12, 1972. . llMmias Magias;' (M-88^ Jun* 1972 VolMin* XXXIV, No. « •BATAMBRS^LOO Official Publication of the Seafarers International Union of North America, Atiantic, Gulf, Lakes and Inland Waters District, AFL-CIO Executive Board Paul Hall, President ' t. Gal Tanner, Executive Vice-Preslaeni Earl Shepard, Vice-President Joe DIGiorgid, Secretary-Treasurer Lindsay Williams, Vice-President Al Tanner, Vice-President Robert Matthews, Vice-President Published monthly at 810 Rhode Island Avenue N.E., Wash­ ington, D.C. 20018 by Seafarers International Union, Atiantic, Gulf, Lakes and inland Waters District, AFL-CIO 675 Fourth Avenue, Brooklyn, N.Y. 11232. Tel. 499-6600. Second class postage paid at Washington, D.C. t �Consumer Boycotts Help In Winning Union Recognition Probably one of the most effective methods used to bring an anti-union employer to the bargaining table is a consumer boycott of goods and serv­ ices produced or supplied under non­ union conditions by firms which are unfair to labor. Such a method hits the employer on a national ^ale where it hurts the most—in the mar­ ketplace and in his pocket. The consumer boycott has been demonstrated many times in recent years with the California grape boycott led by Cesar Chavez and the United Farm Workers among the most re­ cently acclaimed. Direct consumer forts. So long as an employer persists in treating his employees unfairly and/or refusing to meet them at a bargaining table to discuss the situatiton, his products or services are de­ nied the patronage of American trade union families. Published R^ularly The AFL-CIO "Don't Buy List" is published regularly in union, newspa­ pers and other labor publications, in­ cluding the Seafarers Log, and kept up-to-date by the AFL-CIO Union Label & Service Trades Department. The "Don't Buy List" is a compila- Unfair to Labor DO DDI BUV!! BARBER EQUIPMENT— Wahl Clipper Corp., pro­ ducers of home barber sets. (Int'l. Assoc. of Machinists and Aerospace Workers) CIGARiETTES—R. J. Reyn­ olds Tobacco Co.—Camels, Winston, Salem, Tempo, Brandon, Doral, and Cava­ lier. (Tobacco Workers Un­ ion) li*. boycott action in the marketplace is credited with helping to end many bitter disputes by making it clear to unfair employers that the entire weight' of the American labor move­ ment is solidly behind the union ef- About Unions And Inflation It has been the practice of certain politicians and econ­ omists to blame America's current economic woes on the trade unions, saying the unions are demanding too much in new wages, benefits and so on. However, noted conserva­ tive University of Chicago economist Miltcm Friedman has made an interesting point which bears some con­ sideration: "Trade unions were as strong in the U.S. in 196164 when there was no infla­ tion, as in 1965-69 when there was inflation. Prices in the U.S. were more than doubled in the Civil War when unions were almost non-existent, in World War I when unions were weak, and in World War II when unions were strong. "Inflation is always and everywhere a monetary phenomenon." June 1972 tion of those employers who refuse to provide decent wages or working con­ ditions for their employees, refuse to bargain in good faith with a duly elected union representing their em­ ployees, have replaced their union workers with scab labor and are guilty of strikebreaking or union-busting at­ tempts. Through the "Don't Buy List," trade unionists, their families and friends can easily and immediately identify those goods or services and avoid them, thus preventing unionearned wages from being spent to sup­ port employers who remain unfair to brother union laborers. Positive Apiuroacfa The taboo list and consiuner boy­ cott are joined by still another facet of the program by the AFL-CIO Un­ ion Label & Service Trades Depart­ ment. The Department sponsors and publicizes the Union Label, Shop Card, Store Card and Service But­ ton—all of which are symbols de­ signed to inform the consumer that the product or service he buys is unionmade by union craftsmen enjoying union wages and working conditions. To demonstrate to the public the importance of the union label, a con­ tinuous campaign to publicize the un­ ion-made products is conducted. Pam­ phlets, posters, advertising mats and other informational material which ex­ plain the significance of the union la­ bel and urges patronage of the goods and services are prepared and distrib­ uted. CLOTHING—Reidbord Bros., Co., Siegal (H. I. S. brand) suits and sports jackets, Kaynee boyswear, Richman Brothers men's clothing, Sewell suits. Wing shirts, Met­ ro Pants Co., and Diplomat Pajamas by Fortex Mfg. Co.; Judy Bond Blouses (Amal­ gamated Clothing). (Inter­ national Ladies Garment Workers Union) CONTACT LENSES AND OPTICAL FRAMES—DalTex Optical Co. Dal-Tex owns a firm known as Terminal-Hudson. They op­ erate stores or dispense to consumers through Missouri State Optical Co.; Goldblatt Optical Services; King Op­ tical; Douglas Optical, and Mesa Optical; Lee Optical Co.; and Capitol Opticd Co. COSMETICS—Shulton, Inc. (Old Spice, Nina Ricci, Desert Flower, Friendship Garden, Escapade, Vive le Bain, Man-Power, Burley, Com Silk and Jacqueline Cochran). (Glass Bottle Blowers Association) DINNERWARE- M e t a 1 o X Manufacturing Co. (Int'l. Brotherhood of Pottery and Allied Workers) FILTERS, HUMIDIFIERS— Research Products Corp. (Int'l. Assoc. of Machinists and Aerospace Workers) FURNITURE—^James Sterling Corp., White Furniture Co., Brown Furniture Co., (Unit­ ed Furniture Workers) f ^ ' LIQUORS—Stitzel-WeUer Dis­ tilleries products—Old Fitz­ gerald, Cabin Still, Old Elk, W. L. WeUer. (Distillery Workers) MEAT PRODUCTS—Poultry Papkers, Inc. (Blue Star laM products). (Amalga­ mated Meat Cutters and Butcher Workmen) Holly Farms Poultry Indus­ tries, Inc.; Blue Star Label products (Amalgamated Meat Cutters and Butcher Workmen) PRINTING—^Kingsport Press "World Book," "ChUdcraft." (Printing Pressmen, Typog­ raphers, Bookbinders, Ma­ chinists, Stereotypers, and Electrotypers) NEWSPAPERS—Los Angeles Herald-Examiner. (10 unions involved covering 2,000 workers) Britannica Junior Encyclo­ pedia (Int'l. Allied Printing Trades Assn.) RANGES—Magic Chef, Pan Pacific Division. (Stove, Fur­ nace and Allied Appliance Workers) SHOES—Genesco Shoe Mfg. Co—work shoes; Sentry, Cedar Chest and Statler, men's shoes; Jarman, John­ son & Murphy, Crestworth (Boot and Shoe Workers) SPECIAL—All West Virginia camping and vacation spots, (Laborers) TOYS—^Fisher-Price toys (Doll & Toy Workers Union) Meat Cutters Blame Price Rises On 'Impotent' Controls Program The Amalgamated Meat Cutters and Butcher Workmen blamed the Administration's price control program for the increases in the nation's meat prices. At a congressional hearing in Washington, D.C., union spokesmen said the wage increases in the meat industry "had nothing to do with the recent high tide in meat prices." The culprit was rather the price control program which the union calls "both impotent and ineffective." James Wishart, research director, and Arnold Mayer, legislative repre­ sentative for the union, submitted wage-price statistics which showed that food chain stores in three cities had lower wage rates than their competi­ tors, which charged the same meat prices,or more. The survey was taken in Newark, N.J.; Nashville, Tenn., and Dallas, Tex. Page 11 �•* ** SIU Vacation Center in Operation Harry Luckey, who sails out of Baltimore, gives his daughter a hand aboard the big sailing yawl Manitou with an assist from skipper Charlie Svenson as Mrs. Luckey and Summertime—vacationtime -is upon us again. And what better place to spend a leisure ly week or two with the family than at the Seafarers Vacation Center in Piney Point, Md. Located on the Chesapeake Bay in the heart of Southern Maryland's m u c h-puhlicized *'land of pleasant living," the Center offers the best of every­ thing for the Seafarer and his family. And the price is right. Here you will find everything, and then some, that you would find at any commercial resort —for considerably less cost. Accommodations at the Cen­ ter are limted so it will he on a first-come, first-served basis. If you want to make your reser­ vations early, fill out the cou­ pon helow and mail it in. The Vacation Center was established for you—^the mem­ bership—so take advantage of it. son John wait their turn, to board. The Manitou, once the presidential yacht of John F. Kennedy, is one of the favorites of the vacation SIU members and their families. I 1 .AJVM —--.dl % Antonio Dosantos relaxes at poolslde with his wife after a day of activities at the SIU Vacation Center. Dosantos retired in April after a long career at sea, and says that he plans to spend a lot of time in Piney Point "just relaxing and enjoying life." Fishing is a favorite pasttime for vacationers at the SIU Vacation Center for |i the grownups and the youngsters. Joe Henault, from New Jersey, gets anj" assist from his granddaughter as he prepares to try his luck off one of the Ipiers jutting into St. George's Creek. Blues and striped bass are plentiful ' during ^most of the summer. Seafarers VacafkMi Center Harry Limdeberg School of Seamanship St Mary's County Piney Point, Maryland 20674 9 I 1 am interested in availing myself of the opportunity of using the lacilitiM 'of the Sea-\ I farers Vacation Center. ,;.y S First choice: From to Second choice: From to My party wifl consist of adults and childreni^ • ' |4'' y. !• V-.. Please send confirmation. i J •' -- • •••••••••••• ^ I .. ^ * I 9 •" 9 ' f k •i' - .• V;-, • • .'V"' '•V " •" • .,i* i • >• • • t.' ••••••• * * -Ui; -.•; •••••• 9 A. i' State ' 4 • "yw'-d -iiV It -v, , J Signature Print Name Book Number Street Address Cily W-, ';>V^ ' In 'A ('1' ' MJmm •••••••••••• -I , ., ,irivv I emil. �sto!«'5a!8#eFj2aY->Rei^iSiftf.i=ycsaaiite SEAFARERS^LOG OFFICIAL ORGAN OF THE SEAFARERS INTERNATIONAL • ATUNTIC, GULF, LAKES AND INUND WATERS DISTRICT • AFL-CIO wtLLSTREElgfe-Grand Jury Says Seafarers Made m- Illegal Donations The Wall Street Journal July 1, 1970 Union Charg^ With Violation Of Corrupt Practices Act In Campaign Contributions Eight Officials Are Indicted By a WALL STHCBTJOUIIMAL Blag Rtparltr , WASHINGTON - A Fsderal grand Jury ^ nuned the Seefaran International Union and eight officers In a#T-count conspiracy Indictment al much ai flee In As ex uiupeclf uted foi union lieu of u seeking ships, at each to tlon Con Swell had the constltu< It ladled AFL&eitllm SPAO nonelect oonunitt rederal for state by the tSll.SK eluding speechm Cbngresi In SPAD li entity tlons, tl funds; Federal Judge Raps Justice Dept., Dismisses Indictment of Seafarers Reprinted from the June 3, 1972 issue of the AFL-CIO News By Tom Castor Assistant Editor, AFL-CIO News New York—^A U.S. District judge has dismissed charges of making illegal campaign contributions against the Seafarers and seven of its top leaders, including Pres. Paul Hall. In granting a motion by the union to dismiss the case, Judge Mark A. Con­ stantino said the Justice Dept. had ignored repeated court orders to specify its charges against the union, thereby dragging the case out over 23 months. That violates the union's and its oflScers* right to a speedy trial, Constan­ tino held. Furthermore, the judge ruled the Justice Depths withludding of pre-trial informatimi <m the charges hamstrung efforts to prepare a defmse. Taking note of the dismissal, the SIU said, "from the outset, we have shown that om political contributions to various candidates for public office are made openly. They are made le­ gally. They are reported publicly." "We dtm't intend to he scared out politics,'* the SIU declared. *'Wt think it is our rig^ and our resqponsilMlity to remain active in this field." The union makes political donations from a special politick action fund— Seafarers Political Activity Donation (SPAD)—^which is funded through voluntary contributions. It was founded in 1962. The Justice Dept. claimed in a 17count indictment that the union had illegally made contributions of $40,000 during 1968 and had conspired to spend $750,000 for political action in presidential, senatorial and congres­ I y v- June 1972 sional campaigns between 1964 and 1968. The indictment, issued June 30, 1970, was returned under the Corrupt Practices Act. All of its donations were made le­ gally, the union retorted, and "all of the contributions cited in the indict­ ment had been reported publicly by SlU's SPAD to the Dept. of Labor and the clerks of the House of Repre­ sentatives and the Senate, as required by law." The union repeatedly asked the Justice Dept. to specify the charges and indicate its theory of prosecution, and Judge Constantino noted in his opinion that "the government's failure to comply with the order to disclose information essential to the defense has seriously prejudiced the defendants' ability to prepare to meet the charges lodged against them." "Without this essential information," the judge said, "the defendants will be unable to investigate adequately the transactions concerning which the government has indicated its intent to offer evidence on trial." Thus, he said, the union would be prevented from "effectively cross-ex­ amining the government's witnesses" and from offering "rebuttal witnesses who might have a recollection of these events."' "Similarly, despite an order by this court to do so, the refusal of the gov­ ernment to particularize fully its posi­ tion with respect to the organization and composition of the SPAD fund, has rendered impossible any statistical defense to the charges lodged against these defendants," the court said. "The court," Constantino said, "finds that the government has chosen to embark in a course of purposeful conduct designed to secure tactical ad­ vantage, resisting both suggestions and orders of two judges of the court to furnish the defendants with requisite pretrial disclosure while simultaneous­ ly demanding an early trial date." The SIU moved for dismissal last March because it had been unable to obtain the information, and Judge Constantino gave Justice until Apr. 24 to comply with earlier orders and said if there was no compliance, he would entertain the dismissal motion. Constantino handed down the dis­ missal ruling May 25. The government has the right to take the case to a U.S. Circuit Court of Appeals, but apparently no decision on an appeal has yet been made. Besides the dismissal of charges against the union and Hall, charges were dropped against Vice Pres. Earl Shepard, and Representatives Frank Boyne, Paul Drozak, Joseph DiGiorgio and Frank Drozak plus Philip Carlip, the union's legislative representative in Washington D.C. The late Al Kerr, the union's secre­ tary-treasurer at the time the indict­ ment was issued, had also been named in the charges. The SIU expressed "appreciation for the solid support of our position given us by AFL-CIO Pres. George Meany, and the American trade union movement." A unanimously adopted Executive Council resolution in 1970, charged Atty. Gen;' John Mitchell with "seek­ ing to silence the American trade union movement for purely political purposes." Page 13 �CompleteText of Judge's Dismissal Order 70.CR^28 MEMORANDUM OPINION May 25, 1972 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA, — against — SEAFARERS INTERNATIONAL UNION OF NORTH AMERICA, ATLANTIC, GULF, LAKES AND INLAND WATERS DISTRICT, AFL-CIO, FRANK eOYNE, PHILIP CARLIP, JOSEPH DI GIORGIO, FRANK DROZAK, PAUL DROZAK, PAUL HALL, AL KERR, EARL SHEPARD, Defendants. Appearances: Robert A. Morse, Esq., U.S. Attorney, E.D.N.Y., by Edgar N. Brown, Esq., Gregory Jones, Esq. and John E. Qark, Esq., Specie Attorneys, Department of Justice, Criminal Division; and Gavin Scotti, Esq. Schulman, Abarabanel, Perkel & McEvoy, Esqs., attorneys for defendant Seafarers Un­ ion, by Howard Schulman, Esq. and Andrew T. McEvoy, Jr., Esq. Rosner & Rosner, Esqs., attorneys for de­ fendants Paul and Frank Drozak, by Johnathan L. Rosner, Esq. Goldstein, Shames & Hyde, Esqs., attorneys for defendant A1 Kerr, by Edward Brodsky, Esq. Davis, Polk & Wardell, Esqs., attorneys for de­ fendants Paul Hall and Earl Shepard, by Lawrence E. Walsh, Esq., Michael W. Leisure, Esq. and Richard L. Grimwade, Esq. Abraham H. Brodsky, Esq., attorney for de­ fendants PhUip Carlip and Joseph DiGiorgio. By way of an indictment filed in this court on June 30, 1970 the Government charges that the Executive Board of the Seafarers Interna­ tional Union met on August 27, 1962 to create a special political action fund—Seafarers Politi­ cal Activity Donation (SPAD). The Govern­ ment further charges that SPAD was nothing more than a device used by the union to conceal unlawful political contributions. ^ In furtherance of the conspiracy, the Government alleges that the defendants, through SPAD, received con­ tributions from seamen scattered throughout the world and made unlawful political contribu­ tions totaling more than $750,000 in connection with federal elections in the years 1964 through 1968. ® Now, ten years after the alleged beginning of the conspiracy and four years after the last wrongful act charged in the indictment, the defendants move for dismissal. Basically, the defendants set forth two grounds for dismissal— failure of the Government to comply with the pretrial orders of this court and for want of a speedy trial. In order to conserve judicial time and energy, the court will rule on both branches of this motion in bar. 'The substantive wrongs charged by the Gov­ ernment in this 17-count indictment involve vio­ lations of the Federal Corrupt Practices Act, 18 U.S.C. §610 (1970), which provides in pertinent part: Failure to Comply with Pretrial Disclosure Orders As the court and parties know all too well, this criminal prosecution has been the subject of lengthy pretrial proceeding before two judges of this court.® These proceedings have resulted in orders granting most of the defend­ ants' requests under rules 7(f), 16 and 17 and providing them with information that they, as well as the court, believed to be essential to informing them of the crime with which they are being charged in addition to providing in­ formation necessary to defense preparation. In moving dismissal, the defendants argue that the Government has disregarded the orders of this court by supplying answers that are partially incomplete and at times at variance with each other.* The Government, on the other hand, contends that, even thou^ some of the court's orders went beyond what the Government be­ lieved case law required, nevertheless it argues it has complied in good faith and to the best of its ability. Further, the Government suggests the defendants' objections are little more than chal­ lenges to the quantum and quality of the evi­ dence the Government will educe at trial rather than being valid objections to the Gov­ ernment's compliance with the court's orders. After listening to the oral arguments of very able counsel and upon rereading the voluminous record, the court must grant this branch of the defendants' motion. At the December 15, 1971 hearing on the defendants' pretrial motion and in a written order filed by the court on January 25, 1972, the Government was directed and redirected on March 23, 1972 to provide answers to bill of particulars requests designated as I-A, I-B, I-C, III-B, ni-C, III-G(ii), ni-I(ii)-(v) and HI-M. These requests were designed to inform the de­ fendants of: (1) the composition of the SPAD fund; (2) the circumstances surrounding con­ tributions to SPAD, and (3) overt acts not listed in the indictment upon which the Gov­ ernment intended to offer proof on trial. After examing the Government's responses in each of these three topic headings, non-compliance is manifest. Composition of the Fund At the outset, the Govermnent theorized that SPAD was merely the alter ego of the union itself. See Indictment Count 17. Consequently, from the Government's viewpoint, it served no purpose to categorize the type of monies col­ lected in the fund since any act of SPAD would in itself be deemed an act of the union, and therefore, be proscribed by the statute. See note 1 supra. Later, during an informal hearing be­ fore Judge Bartels, the Government stated it was not certain who had contributed to the fund but refused, in any case, to categorize the type of monies in the fund. On December 15, 1971 this court directed the Government to furnish in a bill of particulars information con­ cerning the fund's composition. A response came on February 10, 1972 and consisted of two representations by the Government: first, it has no information other than that which it learned from the union's cash receipts and, second, that it did not allege "other monies It is unlawful for any . . . labor organization to make a contribution or expenditure in con­ nection with any election at which Presiden­ tial and Vice Presidential electors or a Senator or Representative in, or a Delegate or Resi­ dent Commissioner to Congress, are to be voted for, or in connection with any primary election or political convention or caucus held to select candidates for any of the fore­ going offices, or for any candidate, political committee, or other person to accept or re­ ceive any contribution prohibited by this section. 'Since the second branch of the defendants^ motion—dismissal on grounds of oppressive and prejudicial delay—requires a discussion of the pretrial stage of this litigation, rather than dupli­ cating that effort here, the discussion has been in­ cluded in a later and more appropriate place in the opinion. 'The substantive counts of the indictment deal specifically with SPAD contributions to the Re­ publican Congressional Campaign Committee and the Humphrey-Muskie Campaign Committee in 1968. ' Information concerning the fundus composition was required by the defendants not only to enable them to prepare for a trial but also to enable them, if the facts warranted, to move for dismissal on constitutional grounds. Page 14 ' The defendants do not complain that all the answers ta their discovery arul bill of particulars motions were unsatisfactory. They do argue, how­ ever, that the nonresponsive answers of which they complain involved areas critical to the de­ fense. collected from members of the Union" or "other monies collected from persons required to pay or tender Union membership obligations" to be sources of SPAD fund monies. Then, after being redirected by the court to respond, on April 24, 1972, the Government answered that some of the money in the fund came from dues, union assessments, fines, penalties, "other monies col­ lected from members" and "other monies col­ lected front persons required to tender or pay union membership obligations," with the bulk of the fund coming from involuntary contribu­ tions. Moreover, the Government claimed it had no data on what portion of the fund was attri­ butable to each of the categories nor did it explain its inclusion 22 months after the filing of the indictment of two categories of sources that were specifically excluded 20 months after filing the indictment. Again responding, though still offering no explanation for expanding its list of alleged sources, the Government reafi&rmed its inability to provide information concerning the amount of monies collected annually on a category basis. The Government, instead, continued to rely on a chart it furnished showing for the years 1966-1968 the source and amount of SPAD receipts for each union membership clas­ sification. Ilie Government also noted the prior disclosure of its position on the voluntariness or involuntariness of SPAD contributions as keyed to the various imion membership classes. In light of these arguments, the court has no choice but to find inexplicable inconsistencies in the Government's responses. Further, the court finds the-Government's failure to state the amount of monies attributable to each alleged category is in itself noncompliance with the court's order. Obviously, for the Government to state in good faith that some of the monies in the fund were attributable to each category directly implies that, at bare minimum, the Government must have information to show at least one contribution for each category in at least one of the years covered by the indictment. Yet, the Govermnent professes it has no data that will provide this ii^ormation. Clearly, con­ tradictory responses cannot even be raised to the level of colorable compliance. Thus, on the issue of fund composition, the Government has failed to comply with the court's pretrial ordere. Contributions to SPAD ** With respect to contributions deposited in the SPAD account chargeable to other monies collected from members of the union as well as from persons required to pay or tender union membership obligations, the court directed the Government to particularize the circumstances under which these monies were collected. In its original February 1972 response, the Govern­ ment did not furnish these particulars because it represented that it did not allege either of these categories to be sources of SPAD funds. Changing its position two months later, the Government referred the defendants to a com­ puter printout from the union's electronic data tapes. The Government argues that the computer printouts provide the defendants with a com­ plete and informative record of each transaction resulting in a contribution to the SPAD ac­ count—^name of the seaman, his book number and membership classification, the port of pay­ ment together with the amount of payment and the identity of the port agent, in addition to the receipt number of the payment. Further, the Government notes, it attached explanations of the port and port agent codes utilized in the 'Especially sitae the Government's case must succeed or fail with its ability to show the involun­ tariness of contributions to SPAD and considering the minimum lapse of four years between the time of contribution to SPAD and the time of trial, the defendants' need for specification of circum­ stances is almost self-evident. The fact that none of the individual defendants were present at the time contributions were made only serves to rein­ force the argument supporting the court's order to disclose such information. Seafarers Log '•'i ,1 �printouts. Arguing on a different plane, the Govenunent also contends the defendants' re­ liance here on language used by this coiut in its memorandum and order of March 30, 1972 is misplaced. The Government points out that the language used by the court related to re­ quest III-M concerning overt acts rather than relating to requests dealing with the circum­ stances surrounding contributions to SPAD. The Government's response fails to comply with the orders of this court. Its response par­ ticularized neither the conversations nor the circumstances surrounding contributions made to the SPAD account. Though the Government is correct in stating that the language quoted from the court's memorandum and order dealt specifically with request III-M, it is also un­ questionable that the court on that point was dealing with the very nature of the computer printout data. Surely information the court ex­ pressly found not in compliance with a direction to give the circumstances involved in one type of transaction cannot be held to be compliance with a similar order respecting other trans­ actions.^ Overt Acts" The history of the Government's responses on this order are similar to its responses on the previous orders. After the Government was directed to furnish the overt acts upon which it intended to rely, it turned over to the defend­ ants a carton of computer printouts containing approximately 24,000 names and recording approximately 76,000 transactions resulting in contributions to SPAD; Additionally, the Gov­ ernment set forth eight alleged transactions with paraphrases of the conversations at the time of the transactions. When the court specifically held these responses not to be in compliance with the court's prior order, the Government pared its list to 14 pages of computer data involving 120 different seamen. The Government also in­ creased from eight to 22 the number of transac­ tions covered in nonprintout form." These changes, however, do not affect the basic nature of the original response; a response held not to be in compliance with the court's orders. But, more importantly, this court warned in its March 30, 1972 memorandum and order that it would not be sufficient merely to reduce the number of transactions alleged to ^e overt acts. The court suggested to the Government then that it select a smaller number of transactions from the 76,000 and give the required information as to each of them. The Government cannot now expect the court to find anything less than that to be in compliance. Accordingly, the court must also find noncompliance as to the bill of particulars request. I, ' In this regard, the Government furnished print­ outs covering almost 400 transactions purporting to represent SPAD collections in various Ameri­ can and Far Eastern seaports. Yet, these printouts do not specify for the defendants which individ­ uals were coerced into contributing, to whom, when and where they gave the contributions nor does it specify the conversations and circumstances at the time the contributions were made. See Memorandum and Order of March 30, 1972, at 13. The printouts, for example, do not distinguish among Far Eastern ports nor do they inform the defendants of what the port events said or did to obtain a contribution from a seaman nor does it reveal the seaman's response, nor the absence or presence of other people at the time of the con­ tribution. Morover, it must be called to mind again that nowhere is it alleged that any of the indi­ vidual defendants collected or even witnessed any of the transactions listed by the Government. Furthermore, even the union, acting through tnese individual defendants, is without knowledge concerning the circumstances surrounding these transactions. This information is essential to de­ fense preparation. As this court noted in its last memoraruium and order, id. at 14, if at this late date the Government has no information about specific transactions upon which it presently in­ tends to offer evidence at trial, clearly, the de­ fendant^ right of confrontation cannot be secured. 'See Memorandum add Order of January 25, 1972. ' These transactions were given in response to bill of particulars request III-I-(iv)-(v) which the Government incorporated by reference into its re­ sponse to request III-M. June 1972 Because of the Government's repeated failure to furnish the essential particulars that would comply adequately with the orders of this court, the court must grant the relief that it indicated it would grant pursuant to terms of the March 30, 1972 memorandum and order. The mere conglomeration into one bill of particulars of earlier unsatisfactory responses—^responses that failed to provide the defendants with informa­ tion so vital to defense preparation—cannot now suffice to save the prosecution. United States V. Armo Steel Corp., 255 F. Supp. 841 (S.D. Cal. 1966). Consequently, this branch of the defendants' motion to dismiss must be granted. See 1 C. Wright, Federal Rules oj Criminal Procedure §130, at 295 (1969); cf. United States v. Nardolillo, 252, F. 2d 755, 757 (1st Cir. 1958) (Government's refusal to turn over information). Purposeful and Prejudicial Delay On this branch of their motion the defend­ ants seek dismissal of the indictment on, the grounds that the conduct of the prosecution has resulted in delay depriving the defendants of rights secured to them by the fifth and sixth amendments to the Constitution, rule 48 of the of criminal procedure and by the rules promul­ gated by the Second Circuit to insure the prompt disposition of criminal cases. Thus, since this branch of the motion calls into question the Government's conduct during pretrial proceed­ ings in this case, the court must first set forth the history of those proceedings. In September 1970, after the defendants had been arraigned, one of the defense counsel met with Government attorneys for the piupose of narrowing' some of the issues presented by the indictment. At that conference, counsel attempted to arrive at an understanding of the Government's definition of "union funds," a critical term used in the indictment. The Gov­ ernment took the position then that all fimds collected by representatives of the union, re­ gardless of the voluntariness cnr involuntariness of such contributions, were included in the Gov­ ernment's definition of "union funds." Yet, de­ spite the critical nature of this definition and de- • spite a defense request to reduce this informa­ tion to writing, on the day following the confer­ ence the Government refused to state in writing what it had told defense counsel orally at the conference. A month later. Judge Bartels placed this case on his calendar for an informal conference. Prior to the conference, defense counsel for­ warded to Judge Bartels and the Government a memorandum that outlined matters on which the defense requested pretrial disclosure. After hear­ ing counsel. Judge Bartels directed the defend­ ants to mail to the Government within two weeks a questionnaire designed to simplify the issues in the case. Seeking the Government's position as to the nature of SPAD and of the political contributions made by seamen, on November 6, 1970, the defendants forwarded their question­ naire to the Government. On December 15, 1970, the Government responsed by mailing to defense counsel copies of the opinions delivered by the judges of the Eighth (Circuit in United States V. Pipefitters Loccd No. 562, 434 F.2d 1116 (8th Cir.), afFd en banc, 434 F.2d 1127 (8th Cir. 1970), cert, granted 402 U.S. 994 (1971) (Renumbered No. 70-74, 1971 Term); a case the Government contends is virtually identical to the instant prosecution. (Until May 25, 1971, the forwarding of copies of the Eighth Circuit opinions was to be the sole Government response to the questionnaire propounded at the court's direction). In light of the Government's unresponsive answer, in January 1971 the de­ fendants sought an order compelling answers to the inquiries contained in their questionnaire. On February 1, 1971, in its next communica­ tion with Judge Bartels, the Government sought a trial date. The defendants immediately made Judge Bartels aware of the Government's con­ tinuing unwillingness to provide the defendants with necessary pretrial disclosure and renewed their request to settle an order directing the the Government to answer the questionnaire. Judge Bartels decided, however, to make another attempt at obtaining pretrial disclosure, setting the case down for a second informal hearing on May 14, 1971. It is clear from the minutes of the hearing that Judge Bartels had a two-fold purpose in summoning the parties before the court: (1) obviate the need for filing motion papers and (2) furnish the defendants with the information they were entitled to receive. Minutes of Hear­ ing, May 14, 1971, at 4. The minutes of the hearing also reveal that Judge Bartels placed the Government on notice it would have to inform the defendants of the nature and ccHnpositicm of the fund. id. at 9, as well as the status of c<mtributions to SPAD and to define the term "in­ voluntary contribution," id. at 11-16, & passim. As the hearing wore on. Judge Bartels directed the defendants to review the minutes of the hear­ ing and make a "motion for the residue [of in­ formation] that you didn't receive." Id. at 62. In addition. Judge Bartels directed that if any motions were to be made that they be served by June 30, 1971 and be returnable on July 8, 1971. Id. at 71. Complying with the court's direction, on June 29,1971, the defendants served the Government and filed with Judge Bartels a comprehensive set of motion papers returnable on July 8, 1971." Meanwhile, on May 25, 1971, the Government furnished its response to the questionnaire propounded on November 6, 1970. Contrary to the intent of Judge Bartels as manifested at. the informal hearing 11 days earlier, however, the Government refused to answer almost all the inquiries directed at the nature and composition of the SPAD fund. Un­ questionably, the need of proceeding by way of formal motion had not been diminished because of the Government's response. Disregarding Judge Bartels' order of May 14, 1971, the Government served and filed its answering papers on July 16, 1971. Judge Bar­ tels, however, was no longer available to enter­ tain the motion. Two weeks later, on July 30; 1971, with the consent of this court and Jud^ Bartels, the case was formally reassigned pur­ suant to rule 4, individual Assignment and Calendar Rules, E.D.N.Y. By its letter of Augu^ 25, 1971, the Government then advised this , court of the status of the prosecution. After informing the court of their pending motion, the defendants filed, in September, a reply affidavit to the Government's answering papers. The n^ communication with the court by either side came by way of a letter to the court from the Government in November 1971 requesting a conference to fix a date for trial. The court fixed December 8, 1971 as the date for (he con­ ference. From the date the Government "re­ sponded" to the questitonnaire sent it by the defendants until the date set for the first con­ ference with this court, the Government had not furnished the defendants any additional informa­ tion. Because the December 8, 1971 conference was set down by the court at the Government's request to fix a date for trial, the Court, of course, assumed that the Government at least would be ready to do all that was necessary to clear the way for trial. Nevertheless, at the very outset of the conference, the Government informed the court it was not prepared to talk about the single, greatest roadblock to trial—the motion filed by the defendants over five months earlier. See Minutes of Hearing, December 8, 1971, at 3. The Government then suggested the parties again try through informal meetings of counsel to voluntarily resolve their differences concerning the pending motion. When this procedure ended in failure, the motion was formdly submitted to the court for de­ cision. At a second conference held on December 15, 1971, the court ruled on almost all of the requests contained in the defendants' omnibus discovery motion. The remaining request was disposed of in a memorandum and order filed "The Government points out that a docket entry made by a deputy clerk of the court sup­ ports a finding that the defendant^ motion papers were filed on July 9, 1971. The affidavit of service reveals, however, that the papers were served on June 29, 1971. The discrepancy in dates is at­ tributable to the continuing practice of the de­ fendants to deliver papers directly to chambers rather than filing them in the clerk's office. In order to resolve any doubt on this point, the court finds as a matter of fact that the papers were filed and served on June 29, 1971. Page 15 �by the court on January 25, 1972. As a result of the court's oral and written rulings most of the defendants' requests for particulars dealing with the nature of contributions to the SPAD fund and for other acts not contained in the indictment which the Government alleged vio­ lated the Federal Corrupt Practices Act were granted. In response to the court's order to file a bill of particulars, the Government filed several pages of information expanding on the allega­ tions of the indictment. On February 25, 1972 the Government filed another supplemental "bill of particulars"—a carton box containing an estimated 2000 pages of computer printout data covering all SPAD contributions, regard­ less of their volvmtary or involimtary nature, from the 24,000 contributors to SPAD during the years 1966 through 1968. Accompanying the box of computer data was a representation by the Government that the data contained details of all the overt acts upon which the Government intended to rely. In the court's memorandum and order of March 30, 1972 the Government's responses were held not to be in compliance with the prior rulings of the court. Despite the court's r^irection to furnish a proper bill of particulars, however, as the coiut has ruled today, the Government still has not complied and the delay in prosecution continues. Aigument on Constitutional Grounds In passing upon a motion seeking dismissal of an indictment for want of a speedy trial, whether the grounds be the sixth amendment's guarantee of a speedy trial or whether it is asserted that the delay in prosecution assumes the proportions of a denial of due process under the fifth amendment, the court must examine four factors; (1) length of the delay; (2) reason for the delay; (3) prejudice to the de­ fendant, and (4) waiver of a speedy trial. United States ex rel. Solomon v. Mancusi, 412 F.2d 88 (2d Cir.), cert, denied, 396 U.S. 936 (1969); United States v. Simmons, 338 F. 2d 804 (2d Cir. 1964), cert, denied, 380 U.S. 983 (11965); United States ex rel. Von Cseh V. Fay. 313 F.2d 620 (2d Cir. 1963)." Case law, however, also recognizes an alternative to the third part of this four-fold test. A claim of deprival of the right to a speedy trial can be sustained if the defendant can make a showing of purposeful and oppressive Government con­ duct as an alternative to a showing of prejudice to the defendant. See, e.g.. United States v. Dooling, 406 F.2d 192 (2d Cir.), cert, denied, 395 U.S. 911 (1969); United States v. Pinero, 329 F.Supp. 992 (S.D.N.Y. 1971). Thus, the defendants argue that under either version of the test adopted by the Second Circuit their motion must be granted. Length of Delay ^ The first link in the chain of illegal acts alleged by the Government in this indictment was forged in 1962 when the union's executive board created the SPAD fund. The chain of acts vio­ lating the Federal Corrupt Practices Act was completed, according to the indictment, when SPAD made contributions in 1968 to both Re­ publican and Democratic campaign commit­ tees, with the knowledge that those funds would be used in federal election campaigns. Between 1962 and 1968 came the vast number of con­ tributions by seamen that filled the coffers of the SPAD fund. The siunmer of 1968 marked the beginning of both a congressional and Jus­ tice Department investigation of SPAD opera­ tions. The congressional investigation produced no action; the Justice Department investigation, on the last day in the life of an 18-month grand jury and almost eight years after the creation " These Second Circuit cases indicate that due to the close interrelationship between the right to a speedy trial and the right to due process the court must review the same four factors in deter­ mining whether the delay has deprived a defendant of either of the two constitutional guarantees. Un­ questionably, a delay violating the speedy trial provisions of the sixth amendment can be so preju­ dicial that it also violates the due process clause of the fifth amendmeru. See United States v. Capaldo, 402 F. 2d 821 (2d Cir. 1968) cert, denied 394 U.S. 989 (1969). /6 of SPAD, produced this indictment. Under the test to be applied in deciding this branch of the motion, however, none of these pre-indictment events are includable in computing the length of delay. United States v. Marion, 404 U.S. 307 (1971). Given the stage of the pro­ ceedings at which the defendants made their motion, only post-indictment delay is attack­ able. Today, 11 days before the date set for trial, the time lapse cmnputed from the filing of the indictment stands at almost 23 mtmths. Qearly, while the delay here is not as shocking to the conscience as delays in some cff the other cases in which similar motions have been granted, see, e.g.. United States v. Mam, 291 F.Supp. 268 (S.D.N.Y. 1968) (nine-year delay), neitter is the delay so minimal that the de^ndants* motion must be denied without considering the remaining three factors of the Second Circuit test, cf. United States ex rel. Solomon v. Man­ cusi, 412 F2d. 88, 90 (2d Cir.), cert, denied, 396 U.S. 936 (1969). This type of motion does not merely test the passage of time. See United States V. Ewell, 383 U.S. 116 (1966); but see United States v. Lustman, 258 F. 2d 475 (2d Cir.), cert, denied 358 U.S. 880 (1958) (leaving open the possibility that passage of •time can be a per se violation of the due proc­ ess clause). Accordingly, the court finds that the delay of 23 months in this prosecution is sufficiently long that, assuming the remaining factors preponderate in the defendants' favor, dismissal is warranted. Reasons for Delay The Government has adopted a two-pronged position on this issue: (1) delay has not occiurred and (2) if the court finds delay, then it must also find that delay is directly attributable to the actions of the defendants. Reply to De­ fendants^ Motion to Dismiss, filed March 23, 1972, at 4. The defendants argue, however, that the delay in this prosecution has been chused by the Government's refusal to properly respond to their discovery requests. The de­ fendants contend further that this course of conduct embarked upon by the Government has been designed by the Government to achieve a tactical advantage. Consequently, if the de­ fendants can sustain their argument, they will not only be successful on the second part of the Second Circuit test but the third part of the alternative version as well. The court finds the defendants have sustained their argument. From the history of these proceedings it is evident that the Government has continuously sought what it termed an early but realistic trial date. On all occasions, both this court and Judge Bartels expressed a willingness to accede to the Government's requests. In fact, in De­ cember 1971 this court set a firm date for trial—^June 5, 1972. Yet, concommitant to moving a criminal cause to trial, an obligation arises on the part of the Government to forward to the defendants appropriate pretrial dis­ closure information.^" With this in mind, as the minutes of the December 15, 1971 hearing attest; the court established a timetable for pretrial disclosure leading up to the June 1972 trial date. Quite simply, however, the Govern­ ment has not complied with this portion of their obligation. Because of the Government's noncompliance, the defendants find themselves caught in the squeeze between early trial and adequate preparation. " Especially in this type of multi-defendant case alleging a continuing conspiracy that commenced almost 10 years ago, and presenting a myriad of complex legal questions and raising the spectre of vastly protracted litigation, the Government must accept its burden—narrow the triable issues and provide the defendants with essential pretrial dis­ closure. As Judge Marovitz noted in United States V. Tanner, 279 F. Supp. 457, 478 (N.D. III. 1967) (arson and bomb conspiracy); [T\t is obvious that the Court has expended much needless time in providing particulars to the defense . . . Even in a situation where 82 separate requests are ihcluded in a motion for a bill of particulars, the Government has the duty to proffer those which are proper and appropriate, rather than being content to argue that the bill seeks a mass of eviden­ tiary material, and shifting the burden to the court to sift the wheat from the chaff. The Government's failure to meet its pretrial disclosure obligations, see note 12 supra, has been a continuing one—'failure to respond to the (Jctober 1970 questionnaire; failure to file a timely response to the defendants' discovery motions; failure to comply with this court's rulings on those motions. The May 1, 1972 hearing on the defendants' motion to dismiss is typical of the Government's failure to meet their pretrial obligations, e.g. in the early stages of this litigation, at the direction of the court and, at least once by request of the Government, counsel attempted through informal means to secure information the Government was obli­ gated to give, yet, the Government, in explaining its failure to disclose any essential information until January 1972, relied on the absence of an order directing disclosure." Regardless whether the Government's all-out resistance to pretrial disclosure has exemplified good faith or bad faith, the Government has made "a deliberate choice for a supposed advantage"- and the con­ sequent delay has caused as much "damage to the defendmit[s] as it would have caused if it had been made in bad faith." In re Provoo, 17 F.R.D. 183, 202 (D. Md.), afiTd per curiam, 350 U.S. 857 (1955). Acordingly, the court finds that the Govern­ ment has chosen to embark on a course of purpos^ul c(xiduct designed to secure a tactical advantage, resisting both suggestions and orders of two judges of the court to furnish the defendants^with requisite pretrial disclosure while, simultaneously, demanding an early trial date. This choice of the Government seeking unfair advantage over the defendants has resulted in the current and continuing delay in the prosecu­ tion. Assuming the absence of waiver of the right to a speedy trial, then, under the alterna­ tive version of the Second Circuit test, dismis­ sal is warranted. See United States v. Dooling, 406 F.2d 192 (2d Cir.), cert, denied, 395 U.S. 911 (1969); United States v. Pinero, 329 F. Supp. 992,944 (S.D.N.Y. 1971); cf. United States V. Blaustein, 325 F.Supp. 233,238 (S.D.N.Y. 1971); United States v. Blanca Perez, 310 F.Supp. 550,551 (S.D.N.Y. 1970) (prima facie prejudice). Prejudice Though this court has already ruled that the Government's refusal to particularize its charges is in itself a violation of the right to a speedy trial, the court also finds the Government's failure to comply with the order to disclose in­ formation essential to the defense has seriously prejudiced the defendants' ability to prepare to meet the charges lodged against them. Because of the Government's failure to disclose this es­ sential information, the defendants will be un­ able to investigate adequately the transactions concerning which the Government has indicated its intent to offer evidence on trial. Absent such investigation, the defendants will be prevented from effectively cross-examining the Govern­ ment's witnesses, nor will they be able to locate, interview and procure the attendance at trial of any rebuttal witnesses who might have a recol­ lection of these events." Similarly, despite an order by this court to do so, the refusal of the Government to particularize fully its position with respect to the organization and composi­ tion of the SPAD fund has rendered impossible any statistical defense to the charges lodged against these defendants. Further, the defendants set forth the sudden and unexpected death on January 26, 1972 of defendant A1 Kerr as a specific example of 'Mr. Brown— ... I would like to point out, though, that the first time that we had an order requiring the Government to produce anything was a year and a half after the indictment ... Minutes of Hearing, May 1, 1972, at 42 (emphasis, added). " The prejudice flowing from the Government's failure to provide this information is magnified in this type of case where the issues to be resolved require an inquiry into the state of a person's mind—both of the contributing seaman and the collecting union official. See Minutes of Hearing, May 14, 1971, at 10. Moreover, the problem is greatly exacerbated by the absence of the defend­ ants from any transaction upon which the Gov­ ernment intends to rely that resulted in a contri­ bution to the SPAD fund. 4 �r prejudice resulting from the delay in prosecu­ tion. Defendant Kerr, the sole individual named in the substantive counts of the indictment and termed in the Government's bill of particulars as the "general administrator for the Union in all matters concerning SPAD," was the custodian of all SPAD records and reports. Assuming de­ fendant Kerr took the stand, and there is no reason to believe at this time that he would not have taken the stand, he would have been in a position to testify as to the faets concerning SPAD's creation; the existence of SPAD as an entity distinct from the union; the efforts of the defendants beginning in 1962 and continuing to the present to comply with the requirements of the Federal Corrupt Practices-Act, as well as to rebut the Government's allegations to the contrary. Qearly, defendant Kerr was the one individual most qualified to testify as to SPAD's organizational structure and daily operation, and to distinguish the interrelatonships among the individual defendants, the union, SPAD and the alleged co-conspirators. More importantly, the defendants aver that defendant Kerr person­ ally made refunds to all SPAD contributors who requested them. Such testimony as to SPAD's custom and practice of giving refunds, in addi­ tion to specific evidence as to the time, place and manner in which these refunds were made is vital to the defense. By the death of this specific favorable witness, A1 Kerr, however, not only have the defendants lost all of this vital testimony at trial, but they also have lost his invaluable aid in preparation before trial. Moreover, the defendants allege prejudice in an area not directly related to trial preparation or the loss of evidence. In addition to alleging the presence of anxiety that accompanies the prospect of criminal trial and which becomes "manifestly oppressive" when post-indictment delay increases "from months to years," see United States v. Blanca Perez. 310 F.Supp. 550,551 (S.D.N.Y. 1970); see also United States V. Marion. 404 U.S. 307,320 (1971), the defendants allege further that they "have been substantially disabled from properly fulfilling their functions as a labor organization and as ofiicials of that organization." Supplemental Affidavit in Support of Motion to Dismiss, filed April 28, 1972, at 17-18." Furthermore, the defendants point out, bail limitations have re­ duced the ability of the individual defendants to perform various services in behalf of the vuiion and its membership. From this recital of facts prejudice is readUy apparent. A key witness, A1 Kerr, critical to the defense has become unavailable throu^ death. Dickey v. Florida. 398 U.S. 30,36 (1969). De­ fendant Kerr's death, coming almost on the heels of the Government's initial pretrial dis­ closure, coupled with the Government's continu­ ing failure to disclose other essential informa­ tion, has hampered the preparatirm of a de­ fense in this case. United States v. De Masi, 445 F.2d 251,255 (2d Cir.) cert, denied, 404 U.S. 882 (1971). Moreover, there is a suggestion in the record that potentid witnesses are unable to recall some of the events that have occurred in the last ten years, eight of which are covered in this indictment. Id. Thus, especially in light of the death of A1 Kerr, it can be fairly said on this record that "the search for truth has been severely hampered" and, rather than being a case where possible prejudice is "unsubstantial, speculative and premature," this is a case where prejudice is actual and has been particularized. "The defendants argue that the pendency of these charges has adversely affected the union's organizational activities and have effectively barred the union from functioning in the political arena. Of course any arrest and indictment leaves the defendant open to "public obloquy." to a drain on his financial resources and a curtailment of his associations. United States v. Marion, 404 U.S. 307. 320 (1971): here, however, the problem has been exacerbated by delay. Defendant Paul Hall, particularly, who has been named in the press as a probable successor to George Meany as Presi­ dent of the AFL-CIO. see Supplemental A£Sdavit in Support of Motion to Dismiss, filed April 28, 1972. Exhibit "C." has suffered greatly from the public notoriety surrounding this prosecution. United States v. Mann. 291 F.Supp. 268, 271 (S.D.N.Y. 1968). Waiver Ordinarily, a defendant waives his ri^t to complain of the want of a speedy trial if he fails to move for a speedy trial. See, e.g.. United States V. Lustman. 258 F.2d 475 (2d Cir.), cert, denied, 358 U.S. 880 (1958). Nonetheless, as this court indicated in its Memorandum and Order, filed March 30, 1972, at 5, an exception to the waiver rule exists when, because of the Government's conduct a defendant's demand for a speedy trial cannot be an effective remedy. See In re Provoo, 17 F.RD. 183 (D. Md.), afTd per curiam, 380 U.S. 857 (1955). As the court has foimd, supra, the Government has failed to file an adequate bill of particulars as ordered by the court. In fact, the failure con­ tinues even today. Since the burden is with the prosecution to move this case forward, see Dickey v. Florida, 398 U.S. 30 37-38, the faUure of the de­ fendants to demand a speedy trial caimot be deemed a waiver of their rights when the Gov­ ernment, at the same time, has failed to com­ ply adeq^^iately with an order to file a bill of particulars and has, thus, failed to move the case to trial. United States v. Blaustein, 325 F.Supp. 233,237-40 (S.D.N.Y. 1970); United States V. Chin, 306 F.Supp. 397,400 (S.D.N.Y. 1969). Therefore, the court finds that the de­ fendants have not waived their rights to com­ plain of the lack of a speedy trial. Consequently, since the court has found in favor of the defendants on each of the four factors involved in the Second Circuit test, the defendants motion to dismiss on constitutional groimds must be granted. Rule 48(b) Rule 48(b), Fed.R.Crim.P., provides in per­ tinent part: If there is unnecessary delay ... in bring­ ing a defendant to trial, the court may dis­ miss the indictment, information or com­ plaint. Individual Defendants Counsel for the defendants Paul Hall and Earl Shepard urge dismissal on an additional ground—^union o£5ciaIs should not be vicarious­ ly liable for any unlawful acts of the union com­ mitted by other union officials or union em­ ployees that were unauthorized by or unknown to them. Even assuming this to be the law, it would not of itself entitle these defendants to a dismissal at this time. At best, in li^t of the conspiracy count in the indictment, the de­ fendants could have raised this argument at the close of the Government's case. Now, however, a motion on this ground must be denied.^^ As to another individual defendant, A1 Kerr, quite obviously, an additional ground for dis­ missal exists—^his sudden and unexpected death. For all the reasons stated previously and on this ground as well, the indictment against de­ fendant A1 Kerr must be dismissed. Conclusion The defendants' motion to dismiss is GRANTED. The- indictment is DISMISSED as to all defendants and all defendants are dis­ charged. SO ORDERED. [Signed] Mark A. Constantmo U. S. D. J. "Insofar as the defendants Hall and Shepard object that the charges against them have not been sufficiently particularized, they are situated similarly to the other irulividual defendants. As to all the individual defendants, however, the court has already noted their trial preparation problems have been greatly exacerbated by their lack of knowledge concerning the daily operations of SPAD and of the transactions underlying contri­ butions to the SPAD fund. The defendants proffer this rule as an additional ground for dismissal. The rule has been held to implement the sixth amendment's guarantee of a right to a speedy trial. Pollard v. United States, 352 U.S. 354,361 n.7 (1967). Before the nde can be invoked, however, the defendant^ must make a successful showing of delay and either that it prejudiced the defendant's ability to rebut the Government's case or that it was caused by oppressive governmental action. United States V. Dooling, 406 F.2d 192,196 (2d Cir.), cert, denied, 395 U.S. 911 (1969). But, in any case, a motion under this rule is addressed to the sound discretion of the court. See, e.g.. United States V. Research Foundation, Inc., 155 F.Supp. 650,654 (S.D.N.Y. 1957). Here, the court has found delay resulting from purposeful conduct of the Government that has prejudiced the de­ fendants' ability to rebut the case the Govern­ ment seeks to prove against theni. Hence, the court, in its discretion under rule 48(b), must again find in the defendants' favor.^* ' The defendtmts also seek dismissal uttder rights secured to them by the Second Circuit Rules Re- • garding Prompt Disposition of Criminal Cases (January 5, 1971. as amended. May 24, 1971). These rules were promulgated by the Circuit Coun­ cil in the exercise of its supervisory power over the administration of justice in the federal courts of the Second Circuit. But. since the rules were designed as a housekeeping tool to insure the swift and efficient administration of justice catd in light, of this court's finding of a violation of the • substantive rights secured to the defendants under both the Constitution and the Federal Rules of Criminal Procedure, it becomes unnecessaiy to rule upon that part of the defendants^ motion grounded on the Second Circuit rules. The court, therefore, refrains from rendering such an opinion. • -' "'Viitii. r"' \7 �Text of Indictment Against SlU Following is the complete text of the indictment handed dawn against the SIU on June 30, 1970. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA, Plaintiff V. SEAFARERS INTERNATIONAL UNION OF NORTH AMERICA, GULF, LAKES and INLAND WATERS DISTRICT, AFI^CIO, No. VIOLATION: 18 U.S.C. 610 18 U.S.C. 371 FRANK BOYNE, PHILIP CARLIP, JOSEPH DIGIORGIO, FRANK DROZAK, PAUL DROZAK, PAUL HALL, AL KERR, EARL SHEPARD, Defendants Hie Grand Jury charges: COUNT ONE 1. Seafarers International Union of North America, Atlantic, Gulf, Lakes and Inland Waters District, AFLCIO (hereafter Seafarers International Union), is and was at all times material to this Indictment, a labor organization within the means of Section 610 of Title 18, United States Code, that is to say, an organization \idiich exists, in part, for the pnrpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, and conditions of work. 2. A1 Kerr is, and was at all times material to this Indictment, Secretary-Treasurer of Seafarers Interna­ tional Union. 3. In November 1968 a General Election was held pursuant to the laws -of the United States arid of theseveral states, at which, among others. Presidential and Vice Presidential Electors, United States Senators, and Representatives to Congress were voted for. 4. On or about July 22, 1968, in the Eastern District of New York, defendant Seafarers International Union did knowingly and unlawfully make a contribution in connection with the election of Representatives to Con­ gress at the 1968 General Election by means of is­ suing Check No. 1476, in the amount of $5,000, drawn on its Account No. 020-005695 (Seafarers Political Ac­ tivity Donation) at the Chemical Bank New York Trust Company, payable to the Republican Congressional Campaign Committee, signed by Philip Carlip and AI Kerr, in violation of Section 610 of Title 18, United States Code. COUNT TWO 1. The allegations contained in Paragraphs 1 through 3 of Count One of this Indictment are incorporated in this Count. 2. On or about July 22, 1968, in the Eastern District of New York, defendant Al Kerr, in his capacity as an officer of Seafarers International Union, did wilfully and unlawfully consent to the Union's making the contribution described in Paragraph 4 of Count One of this Indictment, in violation of Section 610 of Title 18, United States Code. COUNT THREE 1. The allegations contained in Paragraphs 1 through 3 of Count One of this Indictment are incorporated in this Count. 2. On or about July 22, 1968, in the Eastern District of New York, defendant Seafarers International Union did knowingly and unlawfully make a contribution in connection with the election of Representatives to Congress at the 1968 General Election by means of issuing Check No. 1477, in the amount of $5,000, drawn on its Account No. 020-005695 (Seafarers Poli•tical Activity Donation) at the Chemical Bank New York Trust Company, payable to the Republican Con­ gressional Campaign Committee, signed by Philip Carlip and Al Kerr, in violation of Section of Title 18, United States Code. COUNT FOUR 1. The allegations contained in Paragraphs 1 through 3 of Count One of this Indictment are incorporated in this Count. 2. On or about July 22, 1968, in the Eastern District of New York, defendant Al Kerr, in his capacity as an officer of Seafarers International Union, did wilfully and unlawfully consent to the Union's making the con­ tribution described in Count Three of this Indictment, in violation of Section 610 of Title 18, United States Code. COUNT FIVE 1. The allegations contained in Paragraphs 1 through 3 of Count One of this Indictment are incorporated in this Count. 2. On or about September 23, 1968, in the Eastern District of New York, defendant Seafarers International Union did knowingly and unlawfully make a contribu­ tion in connection with the election of Representatives to Congress at the 1968 General Election by means of issuing Check No. 1612, in the amount of $5,000, Page 18 drawn on its Account No. 020-005695 (Seafarers Politi­ cal Activity Donation) at the Chemical Bank New York Trust Company, payable to the Republican Congres­ sional Campaign Committee, signed by H. Melcer and Philip Carlip, in violation of Section 610 of Title 18, United States Code. COUNT SIX 1. The allegations contained in Paragraphs 1 through 3 of Count One of this Indictment are incoiporated in this Count. 2. On or about September 23, 1968, in the Eastern District of New York, defendant Al Kerr, in his capacity as an officer of Seafarers International Union, did wilfully and unlawfully consent to the Union's mak­ ing the contribution described in Count Five of this Indictment, in violation of Section 610 of Title 18, United States Code. COUNT SEVEN 1. The allegations contained in Paragraphs 1 through 3 of Count One of this Indictment are incorporated in this Coimt. 2. On or about October 7, 1968, in the Eastern Dis­ trict of New York, defendant Seafarers International Union did knowingly and unlawfully make a contribu­ tion in connection with the election of Representatives to Congress at the 1968 General Election by means of issuing Check No. 1707 in the amount of $5,000, drawn on its Account No. 020-005695 (Seafarers Political Activity Donation) at the Chemical Bank of New York Trust Company, payable to the Republican Congressional Campaign Committee, signed by Philip Carlip and Al Kerr, in violation of Section 610 of Title 18, United States Code. COUNT EIGHT 1. The allegations contained in Paragraphs 1 through 3 of Count One of this Indictment are incorporated in this, Count. 2. On or about October 7, 1968, in the Eastern Dis­ trict of New York, defendant Al Keir, in his capacity as an officer of Seafarers International Union, did wil­ fully and unlawfully consent to the Union's milking the contribution described in Coimt Seven of this Indict­ ment, in violation of Section 610 of Title 18, United States Code. COUNT NINE 1. The allegations contained in Paragraphs 1 through 3 of Count One of this Indictment are incorporated in this Count. 2. On or about October 31, 1968, in the Extern Dis­ trict of New York, defendant SeaJfarers international Union did knowingly and unlawfully make a contribu­ tion in connection with the election of Presidential and Vice Presidential Electors at the 1968 General Election by means of issuing Check No. 1749, in the amount of $5,000, drawn on its Account No. 020-005695 (Sea­ farers Political Activity Donation) at the Chemical Bank New York Trust Company, payable to Artists and Entertainers for Humphrey and Muskie, signed by H. Melcer and Al Kerr, in violation of Section 610 of Title 18, United States Code. COUNT TEN 1. The allegations contained in Paragraphs 1 through 3 of Count One of this Indictment are incorporated in this Count. 2. On or about October 31, 1968, in the Eastern District of New York, defendant Al Kerr, in his capacity as an officer of Seafarers International Union, did wilfully and unlawfully consent to the Union's mak­ ing the contribution described in Count Nine of this Indictment, in violation of Section 610 of Title 18, United States Code. COUNT ELEVEN 1. The allegations contained in Paragraphs 1 through 3 of Count One of this Indictment are incorporated in this Coimt. 2. On or about October 31, 1968, in the Eastern District of New York, defendant Seafarers Interna­ tional Union did knowingly and unlawfully make a contribution in connection with the election of Presi­ dential and Vice Presidential Electors at the 1968 Gen­ eral Election by means of issuing Check No. 1750, in the amount of $5,000, drawn on its Account No. 020-005695 (Seafarers Political Activity Donation) at the Chemical Bank New York Trust Company, pay­ able to Builders for Humphrey and Muskie, signed by H. Melcer and Al Kerr, in violation of Section 610 of Title 18, United States Code. COUNT TWELVE 1. The allegations contained in Paragraphs 1 through 3 of Count One of this Indictment are incorporated in this Count. 2. On or about October 31, 1968, in the Eastern Dis­ trict of New York, defendant Al Kerr, in his capacity as an officer of Seafarers International Union, did wil­ fully and unlawfully consent to the Union's making the contribution descrited in Count Eleven of this Indict­ ment, in violation of Section 610 of Title 18, United States Code. COUNT THIRTEEN 1. The allegations contained in Paragraphs 1 through 3 of Count One of this Indictment are incorporated in this Count. 2. On or about October 31, 1968, in the Eastern Dis­ trict of New York, defendant Sesffarers International Union did knowingly and unlawfully make a contribu­ tion in connection with the election of Presidential and Vice Presidential Electors at the 1968 General Elec­ tion by means of issuing Check No. 1751, in the amoimt of $5,000, drawn on its Account No. 02O005695 (Seafarers Political Activity Donation) at the Chemical Bank New York Trust Company, payable to Educators for Humphrey and Muskie, signed by H. Melcer and Al Kerr, in violation of Section 610 of Title 18, United States Code. COUNT FOURTEEN 1. The allegations contained in Paragraphs 1 through 3 of Count One of this Indictment are incorporated in this Count. 2. On or about October 31, 1968, in the Eastern District of New York, defendant Al Kerr, in his capacity as an officer of Seafarers International Union, did wilfully and unlawfully consent to the Union's making the contribution described in Count Thirteen of this Indictment, in violation of Section 610 of Title 18, United States Code. COUNT FIFTEEN 1. The allegations contained in Paragraphs 1 through 3 of Count One of this Indictment are incorporated in this Count. -2. On or about October 31, 1968, in the Eastern District of New York, defendant Seafarers Interna­ tional Union did knowingly and unlawfully make a contribution in connection with the election of Presi­ dential and Vice Presidential Electors at the 1968 General Election by means of issuing Check No. 1752, in the amount of $5,000, drawn on its Account No. 020-005695 (Seafarers Political Activity Donation) at the Chemical Bank New^ork Trust Company, pay­ able to Lawyers for Humphrey and Muskie, signed by H. Melcer and Al Kerr, in violation of Section 610 of Title 18, United States Code. COUNT SIXTEEN 1. The allegations contained in Paragraphs 1 through 3 of Count One of this Indictment are incorporated in this Count. . f 2. On or about October 31, 1968, in the Eastern District of New York, defendant Al Kerr, in his capacity as an officer of Seafarers International Union, did wilfully and unlawfully consent to the Union's ' making the contribution described in Coiint Fifteen of this Indictment, in violation of Section 610 of Title 18," United States Code. COUNT SEVENTEEN 1. The allegations contained in Paragraphs 1 and 2 of Count One are incorporated in this Count. 2. At all times hereafter mentioned the term "Fed­ eral election" means an election at which Presidential Electors, or candidates for the offices of United States Senator and United States Representative in Congress, were voted for. 3. Paul Hall, at all times material to this Indictment, was President of Seafarers International Union. 4. Earl Shepard, at all times material to this Indict­ ment, was a Vice-President of Seafarers International Union. 5. Philip Carlip, from and after September 14, 1966, was a lobbyist for Seafarers International Union, reg­ istered with the Secretary of the United States Senate, and from and after July 17, 1967, was so registered with the Clerk of the United States House of Rep­ resentatives. 6. Frank Boyne, at all times material to this Indict­ ment, was an employee of Seafarers International Un­ ion. 7. Frank Drozak, at all times material to this Indict­ ment, was an employee of Seafarers International Un­ ion. 8. Paul Drozak, at all times material to this Indict­ ment, was an employee of Seafarers International Un­ ion. 9. Joseph DiGiorgio, at all times material to this In­ dictment was an employee of Seafarers International Union. 10. From in or about 1962 and continuously there­ after up to and including the date of filing of this In­ dictment, in the Borough of Brooklyn, in the Eastern District of New York and elsewhere, Al Kerr, Paul Hall, Earl Shepard, Philip Carlip, Frank Boyne, Frank Drozak, Paul Drozak, and Joseph DiGiorgio, de­ fendants herein, and Robert Matthews, Al Tanner, Cal Tanner, and Lindsey Williams, named herein as co­ conspirators but not defendants, did wilfully, knowing­ ly, and unlawfully conspire and agree with one another and with other persons to the Grand Jurors known and unknown, to violate Section 610 of Title 18, United States Code, in that they did wilfully, knowingly, and unlawfully conspire and agree to cause Seafarers In­ ternational Union to make contributions and expendi­ tures in connection with elections at which Presidential and Vice Presidential Electors, or candidates for the Seafarers Log ii :i| �• II !• offices of United States Senator and United States Rep­ resentative in Congress, were to be voted for. 11. In furtherance of the conspiracy the Executive Board of Seafarers International Union, consisting of defendants Paul Hall, Earl Shepard, and A1 Kerr, and co-conspirators A1 Tanner, Cal Tanner, and Lindsey Williams, met on August 27, 1962 and December 17, 1962, in New York City, New York, and created a special fund called Seafarers Political Activity Dona­ tion (SPAD). 12. It was part of the conspiracy that SPAD he given the appearance of a bona fide political commit­ tee, a separate and distinct entity from Seafarers Inter­ national Union, to receive voluntary contributions from unlicensed seamen and to make political contribu­ tions and expenditures in this behalf. In fact, however, it was part of the conspiracy that SPAD would exist only on paper and he nothing more than a device de­ signed to concf^.1 unlawful political contributions by Seafarers International Union. 13. It was further a part of the conspiracy that the SPAD committee would consist of the same persons who were members of the Executive Board of Sea­ farers International Union, and that the persons au­ thorized to sign SPAD checks would he the same persons authorized to sign checks on other accounts of Seafarers International Union. 14. It was further a part of the conspiracy that the Union's Port Agents and Port Patrolmen would collect SPAD contributions at the same time they collected Union dues and assessments from unlicensed seamen. In furtherance of this aspect of the conspiracy, SPAD would become an item upon the printed cash receipts issued by Port Agents and Port Patrolmen to such un­ licensed seamen. 15. It was further a part of the conspiracy that pro­ bationary members of the Union, who lacked Union voting privileges and seniority in bidding for jobs, would be caused to fear that failure or refusal to make contributions to SPAD would result in the loss of their employment, so that substantially larger SPAD con­ tributions would be collected from such probationary members than from full-fledged members, who enjoy Union voting privileges and have seniority in obtaining employment. 16. It was further a part of the conspiracy that SPAD contributions would be collected from foreign seamen in lieu of Union dues. 17. It was further a part of the conspiracy that periodic reports in the name of SPAD would be filed with the Clerk of the United States House of Repre­ sentatives, to conceal the contributions and expendi­ tures made by Seafarers International Union in connec- ^ tion with Federal, state and local elections. 18. It was further a part of the conspiracy that the defendants and co-conspirators would cause Seafarers International Union to make contributions totaling more than $750,000 in connection with Federal elections in the years 1964 through 1968. 19. In pursuance of the aforesaid conspiracy, and to effect the objects thereof, the defendants performed the following and other overt acts within the Eastern District of New York and other places. OVERT ACTS 1. On or about January 10, 1969, defendant A1 Kerr filed with the Clerk of the United States House of Representatives a report of SPAD contributions and expenditures for the period January 1, 1968, to Decem­ ber 31, 1968, indicating expenditures for Federal elec­ tions during that period in the total amount of $552,781.82. On or about December 17, 1962, in New York City, New York, defendant A1 Kerr met with defendants Earl Shepard and Paul Hall, and co-conspirators Lind­ sey Williams, Cal Tanner, and A1 Tanner, and prepared minutes of a meeting of the SPAD committee of Sea­ farers International Union. 3. On or about September 23, 1968, defendant A1 Kerr wrote a letter to Rexford Dickey, Agent, Sea­ farers International Union, at Baltimore, Maryland, transmitting Checks Nos. 1634 and 1635 drawn on the Union's SPAD account, in the amounts of $420.00 and $372.59, respectively. 4. On or about April 24, 1968, defendant A1 Kerr wrote a letter to defendant Frank Drozak, Vice-Presi­ dent, Seafarers International Union, at San Francisco, California, transmitting Check No. 1200 drawn on the Unions' SPAD account, in the amount of $250. 5. On or about March 21, 1968, in Brooklyn, New York, defendant Paul Hall met with defendants A1 Kerr, Paul Drozak, and Frank Drozak, and co-con­ spirators A1 Tanner and Lindsey Williams, and pre­ sided over a meeting of the SfPAD committee of Sea­ farers International Union. 6. On or about March 30, 1966, defendant Paul Hall wrote a letter to Gordon Spencer, Port Agent, Seafarers International Union, at Norfolk, Virginia, transmitting Check No. 609, in the amount of $100, drawn on the Union's SPAD account. 7. On or about March 14, 1966, defendant Paul Hall viTote a letter to defendant Frank Drozak, Seafarers International Union, at San Francisco, California, en­ closing Check No. 606, drawn on the Union's SPAD account, in the amount of $1,000. 8. On or about December 17, 1962, in New York June 1972 City, New York, defendant Earl Shepard met with de­ fendants A1 Kerr and Paul Hall, and co-conspirators Lindsey Williams, Cal Tanner, and A1 Tanner, and presided over a meeting of the SPAD committee of Seafarers International Union. 9. On or about November 8, 1965, in Brooklyn, New York, defendant Earl Shepard met with defend­ ants A1 Kerr, Paul Hall, Frank Drozak. and Paul Drozak, and co-conspirators Lindsey Williams, Robert Matthews, and Cal Tanner, and presided over a meet­ ing of the SPAD committee of Seafarers International Union. 10. On or about August 6, 1968, in Brooklyn, New York, defendant Earl Shepard met with defendants A1 Kerr and Frank Drozak, and co-conspirator Lindsey Williams, and presided over a meeting of the SPAD committee of Seafarers International Union. 11. On or about September 14, 1966, defendant Philip Carlip registered with the Secretary of the United States Senate as a lobbyist for Seafarers In­ ternational Union. 12. On or about July 17, 1967, defendant Philip Carlip registered with the Clerk of the United States House of Representatives as a lobbyist for Seafarers International Union. 13. On or about April 1, 1968, defendant Philip Carlip signed Check No. 1146 in the amount of $1,000, drawn on the Union's SPAD account. 14. On or about July 8, 1968, defendant Philip Carlip signed Check No. 1366, in the amoimt of $5,000, drawn on the Union's SPAD accoimt. 15. On or about October 27, 1964, in Brooklyn, New York, defendant Joseph DiGiorgio met with defendants A1 Kerr, Paul Hall, Earl Shepard, Frank Drozak, and Paul Drozak, and co-conspirators Lind­ sey Williams, Robert Matthews, Cal Tanner and A1 Tanner, at a meeting of the SPAD committee of Sea­ farers International Union. 16. On or about July 28, 1964, defendant Joseph DiGiorgio signed Check No. 180, in the amount of $1,000, drawn on the Union's SPAD account. 17. On or about August 13, 1965, defendant Joseph DiGiorgio signed Check No. 511, in the amount of $200, drawn on the Union's SPAD account. 18. On or about September 25, 1963, in New York City, New York, defendant Paul Drozak met with de­ fendants Earl Shepard, A1 Kerr, and Paul Hall, and co-conspirators Lindsey Williams, Robert Matthews, Cal Tanner, and A1 Tanner at a meeting of the SPAD committee of Seafarers Intematicmal Union. 19. On or about March 21, 1968, in the Borough of Brooklyn, New York, defendant Paul Drozak met with defendants Paul Hall, A1 Kerr, and Frank Drozak, and co-conspiratbrs A1 Tanner and Lindsey Williams at a meeting of the SPAD committee of Seafarers Inter­ national XJnion. 20. On or about April 8, 1968, in the city of Houston, Texas, defendant Paul Drozak received from defendant A1 Kerr, Check No. 1168, in the amount of $150, drawn on the Union's SPAD account. 21. On or about November 8, 1965, in the Borough of Brooklyn, New York, defendant Frank Drozak met with defendants Earl Shepard, A1 Kerr, Paul Hall, and Paul Drozak, and co-conspirators Lindsey Williams, Robert Matthews, and Cal Tanner, at a meeting of the SPAD committee of Seafarers International Union. 22. On or about May 23, 1968, defendant Frank Drozak received from defendant A1 Kerr Check No. 1277, in the amount of $100, drawn on the Union's SPAD account. 23. On or about March 3, 1966, defendant Frank Drozak wrote a letter to defendant Paul Hall, Presi­ dent, Seafarers International Union, at Brooklyn, New York. 24. On or about March 1, 1966, defendant Frank Drozak collected money from members of the crew of the ship "Brigham Victory" and issuafl therefor Seafarers International Union cash receipt numbers El5928 through El5944. 25. On or about November 1, 1968, defendant Frank Boyne submitted to Seafarers International Union a petty cash voucher numbered 4, in the amount of 6,000 Yen. 26. On or about November 26, 1968, defendant Frank Boyne deposited to his account at the Bank of America, Yokohama Branch, Check No. 1808, in the amount of $16.67, drawn on the Union's SPAD account. 27. On or about September 6, 1968, defendant Frank Boyne collected money from members of the crew of the ship "Transglobe" and issued therefc Sea­ farers International Union cash receipt numbers E86461 through E86474. ' 28. On or about September 19, 1968, defendant Frank Boyne collected money from members of the crew of the ship "S/T Thetis" and issued therefore Seafarers International Union cash receipt numbeis E86475 through E86485. In violation of 18 U.S.C. 371). Signed by: Edward R. Neaher, United States Attorney; 'Edward N. Brown, Special Attorney; John E. Clark, Special Attorney; and the foreman of the grand jury. SIU Indictment' Hit by AFL-CIO The AFL-CIO Executive Council, meeting in Chicago in the Fall of 1970, adopted a resolution supporting the SIU in its fight against a federal grand jury indictment accusing the union and its officers of making political contributions in viola­ tion of federal regulations. The executive council statement is indicative of the support that virtually all organized labor lent the SIU during its fight to have the charges dismissed. The following is the text of the AFL-CIO statement: In June of this year a Grand Jury in Brooklyn returned an indictment charging the I^afarers Inter­ national Union and several of its officers and mem­ bers with making and conspiring to make political contributions in violation of federal law. The in­ dictment specifically alleges that in the national election of 1968 the Seafarers Union, through its Political Activity Donation Account (SPAD), con­ tributed a total of $20,000 to Republican campaign committees and contributed a like amount to Demo­ cratic campaign committees. It also alleged a con­ tinuing conspiracy from 1962 to have the union make unlawfffi political contributions through SPAD. Under federal law labor organizations are pre­ cluded from using union funds to make contribu­ tions in connection with federal elections and, as a result, many national and international unions have formed separate political committees to collect voluntary dollars from its members and supporters to be used in federal political campaigns. The forma­ tion of such committees and their use of monies so collected to support candidates for political office has always been permitted under federal law. ^The indictment, however, charges, in essence, that the Seafarers open and above board campaign to secure voluntary contributions to its Political Activity Donation Account, and to make campaign contributions from that fund, which were fully re­ ported to the Qerk of the House of Representatives as the law requires, somehow constitutes a con­ spiracy for contributions to federal candidates. As the Supreme Court has recognized, working men and women have a First Amendment right to associate together to make their voice heard in fed­ eral elections. They have the right to make voluntary contributions to political activity funds set up by their, unions. And unions have the right and the responsibility to convince their members that such contributions are vital to safeguard their interest in a progressive and responsive federal government. Congress, the Supreme Court and the Justice Department, itself in the past, have recognized as much. The broad and loosely drawn indictment in the Seafarers case can only be read as a device to coerce working men and women and their unions to forego their basic constitutional rights. The reasons behind this move by the key poli­ tician in the Administration, Attorney General Mitchell, are not hard to discern. He has learned by hard experience, first in the 1968 campaign, and then in labor's fight to defeat the unwise nominations of Judges Haynsworth and Clarswell that the labor movement is the bulwark against the regressive and repressive policies the Executive Branch has sought to implement. Recognizing this, he is seeking to silence the American trade union movement for purely political purposes. While he pursues the labor movement through new and expensive legal theories, he refuses to move forward against the Republican campaign committees that did, not file their reports on time during the 1968 campaign, despite the fact that the failure to file constituted clear violation of law. This is all of a piece with the trend of Administration policy which is to monopolize the press and the air­ waves by silencing its critics. The reaction of the American trade union move­ ment to this strategy is simple. We will not be cowed. We are going to continue to exercise our basic rights and we are going to aid the defense of those labor organizations which become the chosen targets of the Justice Department. Page 19 i I �SPAD and the Seafarer Seafarers for years have under­ stood the necessity of participating in political and legislative activities. In recognition of this need, Seafarers through their Union, banded together and established SPAD as a separate, segregated fund to receive contribu­ tions and make expenditures in sup­ port of their lawful objectives of im­ proving their social, economic and political interests. Seafarers recognized that the views and actions of those elected to politi­ cal office have a most serious impact upon the well-being of seamen and their families. Seafarers recognized further the extreme importance of uniting in a meaningful association to support those persons for political office whose philosophies and inter­ ests are in sympathy with seamen's n^ds and aspirations. Most recently the United States Congress passed legislation reafiSrming the right of working people, through their Unions, to establish and administer separate, segregated funds for political purposes and to solicit contributions to such funds, such as SPAD. By this legislation. StJicitori (^ard SPAD (SEAFARERS POLITICAL ACTIVITY DONATION) 675 Fourth Avonuo, Brooklyn, Now York Nama of Solicitor and Addraaa Book or Idantlflcatlon No. Data of laauanca Tha abova Is authorizad to solicit contributions to SPAD. SPAD is a saparata sagragatad fund and all contrilHitions ara volunUry. Among its objacts and purposas is to furtliar tha political, sociaf and aconomic Intarasta of Saafarar saaman. It supports and contributas to political candidates for alactiva offica, implamantlng its objacts and purposes. No contributions may ba solicited or racalved because of force, Job discrimination, flnancial reprisal or threat of such conduct, or as a condition of mambarship In tha Union (8IUNA AGLIWO) or of amplqymant. This authorization card is the property of SPAD and must ba aurrandarad to SPAD upon damand. SPAD Authorizad, Chairman or Traasurar specific, appropriate rules were also established for the operation of such funds or committees. In accordance with these congressional directions, and by appropriate Seafarer's action SPAD, in ad^tion to other actions, has adopted procedures for the solici­ tation and receipt of contributions as follows: Only authorized personnel may solicit contributions and they must have a Solicitor's Card (at left). All SPAD solicitors have been issued written instructions and they shall issue official SPAD receipts for all contributions received (below). Support SPAD and participate meaningfully with Seafarers to pro­ tect and advance Seafarers' interests. SPAD exists for your benefit. Sup­ port it! V: (SBBfarara PtlWeal Activity DtnttiMi) •7S FOURTH AVENUE. •ROONLVN. NEW YORK 15U INSTRUCTIONS TO SPAO'S AUTHORIZED SOLICITORS SPAD is a separate segregated fund and all contributions are vol-' untary. Among its objects and purpose is to further the political, social and economic interests of Seafarer seamen. It supports and con­ tributes to political candidates for elective office, implementing its objects and purposes. No contribution may be solicited or received because of force, job discrimination, financial reprisal or threat of such conduct or as a con­ dition of memtiership in the Union (SlUNA AGLIWD) or of employment. All solicitor's authorization cards and receipt books are the propertyof SPAD and must be surrendered upon demand to SPAD. Any and all contributions must be receipted for and only SPAD official receipt books may be used. For all contributions received a full completed receipt with the appropriate details, should be issued to the contributor. ^ Raeaipt 07451 Date. Collected on. Contributor't name. Address ^ - ^1 .Amount of contribution. S.S. #. SPAD is a saparata sagragatad fund. Its procaads ara usad to furtbar its obiacts and purposas includinc, but not limited to furthering the political, social and eco­ nomic interests of Seararer:seamen, ttie preservation and furthering of tfie American Merchant Marine with improved employi^t opportunities for seamen and ttte advancisment of trade union concepts. In connection with such objects, SPAO supports and contributes to political candidates for elective office. All contributions are voluntary. No contribution may be iolicitad or received tiecause of force, job discrimina­ incial reprisal, or threat of such conduct, or as a condition of membership in tion, finer the Union (SlUNA AGLIWD) or of employment. If a contribution is made by reason of the above improper conduct, notify the Seafarers Union or SPAD at ttie above address, certified mail within thirty days of the contribution for investigation and appropriate action and refund, if involuntary. Support SPAD to protect and further your economic, political and social interests, American trade union concepts and Seafarer seamen. (A copy of our ropert flM with tho pufchoM from ttw Suporlntondont of D.C. 20402.) U.S. Oevi i» (or Vtill bol avoiloBlo tor Brinlini dllco.WMhineton Signature of Solicitor. / ^ Lesson of Indictment Is That Labor Must Vigilantly Protect Its Rights A Federal Court has dismissed the indictments brought against the Seafarers International Union by the Justice Department. The purpose of the Justice Department's action was to halt the activity and participation of Seafarers in the politicd process. The full text of the Court's 38-page de­ cision dismissing the case appears on Pages 14-17 of this supplement. The supplement also con­ tains the text of the indictments, as originally is­ sued, on Pages 18-19. r I• I At issue was the right of workers, through their union organization, to participate in the political activities of the nation in which they are citizens —a right which the trade union movement main­ tains is an inherent right in a free society. Shortly after the indictments were issued, the AFL-CIO Executive Council viewed the action against the SIU, in part, in this way: "As the Supreme Court has recognized, work­ ing men and women have a First Amendment right to associate together to make their voice heard in Federal elections. They have the right to make voluntary contributions to political ac- Page 20 tivity funds set up by their unions. And unions have the right and the responsibility to convince their members that such contributions are vital to safeguard their interest in a progressive and responsive Federal government." The SIU and its membership were exercising this ri^t when the Justice Department instigated its action to deny workers their right to be politically active through their union. The Court's dismissal of the indictments is not a victory in the sense that it is an accomplish­ ment. The mere preservation of a right which is already guarante^ in the Federal Constitution cannot be a victory. Costly battles to preserve basic rights should be unnecessary, although they are an unfortunate fact of life. The Justice Department's indictments of the SIU, even though dismissed at this particular point, were costly. They were costly in terms of the time and effort that must be spent in fighting to protect the right to full political freedom. They were costly, as well, in that the expenditure of effort and time could have been used otherwise in a very positive way to advance the security of Seafarers and their families. And the indictments were costly to SIU mem­ bers in terms of the unnecessary harassment and questioning and hounding, in the United States, on ships and in foreign ports of call. An early American once said that 'Eternal Vigilance is the Price of Liberty." That warning applies especially to trade union workers who must always be prepared to defend their rights and security against those who relent­ lessly seek to destroy it. Just as sure as there is day and night there will be new attacks on the security and fundamental rights of American workers; Seafarers in particular will know this, as they have learned from the course (ff their history. The pursuit of liberty by trade unions, and all Americans, is fundamental to their freedom. The greatest safeguard against attempts to destroy this freedom or any part of it is vigilance. Seafarers Log it \H �'ihe coming of warm weather means vacations and long, sunny days to most Americans, but to SIU men on the Great Lakes it also means the st^ of activity. For as the high sun brings warmth, the ships move agam and the ice­ bound ports become busy centers where working men earn their living before winter's short days come around. Seafarers must first fit-out the ships that have been so long dormant. There is much work to be done but soon the vessels are ready to ply their trade in the five finger lakes. One of the busiest ports on the Great Lakes is the Port of Buffalo on Lake Erie. Located at the eastern end of the I.ake and at the mouth of the Niagara River, Buffalo is a major port of the Great Lakes—St. Lawrence Seaway system * "• . jr y '-.J, 1 'r ^ ' * on this page show SR m^ in the Port of Buffalo fitting-out the ut:the Great Lakes are basic^y followng in Buffalo. the same routine •1,45.: :> J if® ....5 xi •' .f'' % #. 4 Summer Refitting fi ;5 Underway on Lakes ._V.r T-Av fl J ll < f ^^ Seafarer Roger Kaarto, oiler, makes sure that the engine room is in good working order after the long winter lay-up. Getting the galley ready for the first voyage are: Weldon LaMothe, second cook; Michael Pfau, porter, and Stanley Oberts, porter. Dan Brown (left) and Everett Haugen, firemen aboard the Kinsman Voyager prepare-the engine room for the busy summer work ahead. , • 'fl .V . f,." , -'.iA-jl vnpcKing OUT xnc 15 ^1 uits ntufiK-wui wn Vovaeerf Irt these'^i^ member^ the deck departrhertt m sufelhat all is 'safe and secure in case an emergency should arise during a , , ^' • ! 21 JUM, ^2 .ti,. » __ ' ' ' • k • •^-r^rs �Participants in Merchant Marine Memorial Service sitting at altar of Shrine of the Immaculate Conception. Memorial Service Honors Mariners Students of Harry Lundeberg School of Seamanship outside Shrine prior to Merchant Marine Memorial service. The men and women of the Ameri­ can merchant marine were memorial­ ized in word and song at the third annual Merchant Marine Memorial Service held in May at Washington's Shrine of the Immaculate Conception. O. William Moody, Jr., administra­ tor of the AFL-CIO Maritime Trades Department represented SIU President Paul Hall at Ae ceremony, which he called "a fine and moving tribute to those who cared enough about their land to lay down their lives in its service." The services were led by Navy Cmdr. Ronald J. Walsh, CHC, the chaplain of the U.S. Merchant Marine Academy. Participants in the service included the Merchant Marine Academy Glee Club, who sang a number of anthems and the academy buglers who played Taps. In his message, Moody, representing maritime labor, said that the rebuild­ ing of the nation's merchant fleet would be the best kind of lasting memorial to those who perished for the nation. "This service," he said, "should be a stirring reminder that the seaman­ ship and good citizenship of America's seamen who have given their lives in the service of their country are not and will not be forgotten." Moody said that part of the re­ membrance ought to he the continued rebuilding of the fleet because, "the ,y^' men who man these ships play a very Vwi important role in maintaining Ae pres­ tige of our nation on the oceans of the world both in peace and in . mo­ ments of conflict." Other speakers were James M. Reynolds, president of the American Institute of Merchant Shipping, repre­ senting industry; and Vice Admiral Thomas W. Sargent of the U.S. Cbast Guard, representing government. Robert I. Blackwell, deputy adminis­ trator of the Maritime Administration served as master of ceremonies. -1 us. Navy Pays Special Tribute to Members Of Americas Merchant Marine Seafarers were the subject of an un­ usual tribute from the United States Navy on National Maritime Day this year which was celebrated May 22. Adm. Elmo R. Zumwalt, Jr., Chief of Naval Operations, forwarded a message to all naval commands in which he asserted "a strong U.S. mer­ chant marine is unquestionably a vital component of nation's total seapower assets and I believe it is most appropri­ ate to demonstrated the Navy's inter­ est and appreciation for the efforts and accomplishments of the officers and men of the U.S. Merchant Ma­ rine." The complete text of the Zumwalt message follows: 18234Z MAY 72 FROM: CNO TO: NAVOP INFO: SECDEF ZEN: SECNAV SECRETARY OF COMMERCE UNCLAS NATIONAL MARITIME DAY 1972 //N05700//BASEGRAM 1. BY PROCLAMATION OF 13 APRIL 1972, PRESIDENT, NIXON PROCLAIMED 22 MAY 1972 AS NATIONAL MARITIME DAY TO RECOGNIZE AND HONOR THE AMERICAN MERCHANT MA­ RINE. 2. A STRONG U.S. MERCHANT MARINE IS UNQUESTIONABLY A VITAL COMPONENT OF OUR NATION'S TOTAL SEAPOWER ASSETS AND I BELIEVE IT IS MOST APPROPRIATE TO USE THIS OCCASION TO DEMON­ STRATE THE NAVY'S INTEREST AND APPRECIATION FOR THE EFFORTS AND ACCOMPLISH­ MENTS OF THE OFFICERS AND MEN OF THE U.S. MERCHANT MARINE, MANY OF WHOM ARE MEMBERS OF THE U.S. NAVAL RESERVE. 3. ACCORDINGLY, IN KEEPING WITH THE SPIRIT AND INTENT OF THIS PRESIDENTIAL PROC­ LAMATION IT IS REQUESTED THAT THE FOLLOWING AC­ TIONS BE TAKEN: ALL COMMISSIONED SHIPS OF THE NAVY, NOT UNDER­ WAY, DRESS SHIP ON 22 MAY 1972 IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 2183, U.S. NAVY REGULATIONS, AND CHAPTER 7 OF DNC27A. B. IN MAKING OFFICIAL NAVY SPEECHES ON OR ABOUT 22 MAY 1972, SENIOR OFFICERS ARE ENCOURAGED TO IN­ CLUDE IN THE TEXT OF THEIR SPEECHES RECOGNITION OF THIS OCCASION AND THE DE­ PENDENCE OF THE NATION ON A STRONG U.S. MERCHANT MARINE. C. SENIOR OFFICERS PRES­ ENT AFLOAT USE THIS YEAR'S NATIONAL MARITIME DAY TO LOCALLY INSTITUTE AND CO­ ORDINATE AS APPROPRIATE A CONTINUING EFFORT TO HAVE COMMANDING OFFICERS OF U.S. NAVY SHIPS IN PORT INITI­ ATE INFORMAL CALLS ON THE MASTERS OF U.S. FLAG MER­ CHANT SHIPS PARTICUARLY IN, BUT NOT LIMITED TO, FOR­ EIGN PORTS. ON THE OCCASION OF SUCH CALLS INVITATIONS SHOULD BE EXTENDED TO THE MASTERS AND THEIR OFFICERS TO VISIT OUR NAVY SHIPS. 4. FOR ALL UNITS DEPLOYED WESPAC, ACnONS REQUESTED PARA 3 ABOVE AT DISCRETION OF LOCAL SOPAS. E. R. ZUMWALT, JR. ADMIRAL, U.S. NAVY Page 22 . Seafarers Log . ; ' r ,'-- •i ^ i i . . - -1,.^,-.... .1 . • w ' �ii w - - WMSuiy'Vfirl •r-'vi-r?/ **From an _ _ „ yis a n^^adve ih^ Not wifhppt reaMin, di^ cwieies mid conditions have long been pppwiar snhfects fm Marltinie Day qietdons. Walt Whitman, die be* kwed American poet mice advised, '-hnake nmeh w negadves," and, in diis sense it can said that the off siddng fmces ^ poottive actirni have been started hi motion ,.. hot real prmiuse dt the 1970 Act h^ ..yf^ to he nfllizeA'*^. ®dwln:»tflood,; " coimtty—js at bust becoiiiing a reality ... at die heart m uiis propaiu Hi (he cwSuactlcu in tins decade of several liundml new, hi^y fa^nctive sh^ to replace the aging vessels in the cnrraat U.S. fleet, This repre­ sents the largest merchant siitybaildiirg ]^og|rani in the country's histotys. While progi^ to date ims not.fived up to par inida! eapsctadpi^ it has nonethel^ t)^ sahd^ Andrew E. G&MMNI •*. Asaistxat Seea^aty:-i^ "" 'fiwr Maiidnie:.A|^h8. f ^ J r t Ffe^icai^ Amdican :''S I r ;>r' i»r'. ' * ^, emize oar P«*4m ' We are aD responsible for seeing to it that the inerIfliattt marine of our coimtry does not falter, that America's importance in the ej^pansion of world trade 'rmi does not diminish. For if the fleet hiils, so our is In dai%er of failh^" .Helm'D ' Chalrmaii, Federal MaiifW, ' " ' •'"'•'"••''•'."its' Ckmnidssion. W<. f' mM * die (dd, tradidonal cmicepts tl^ have too long re­ stricted and fadiped to stranj^ die industry. We nmst become inoK iinagjraati^ dfurmg faor nioie t^^iressive dian w% gain a ppddph of m die field iff international commuce." Rep. Edward A. Garmatz (D-Md.) Caiainnatt, House Merchant Marine ........ and Fisheiies Committee. ^ ? • - iilSfe'-pii?'" mmmm::: iftllSir • • ;. . i:"., ••'• ' V. iW- • •: 4' '' 1 ^ '•f ' " » [4. I 4^~ .| ' - •" ^ 4 "t41 ^^40 y., ^ J. >>0 ?SM; 'i iillf i.ui SHIP AMERK^ PI KfMit MM Unique design, featuring an Amer­ ican-flag motif on the prow of a ship sailing over the words "Ship American" won a $500 first prizd In the annual Maritime Day poster . contest. Prize winner Marllynr Gage, Cass Technical High School, Detroit, Mich., Is shown at far , right with Rep. Martha Griffiths (D-Mlch.) In whose district Marilyn lives. Rep. Griffiths present^ Marilyn her prize at a luncheon in honor of Maritime Day In the Rayburn House Office Building. SssI siftais iSSSI® MiSM life ^ - r- ^ / -/jP ^ , MJ ' .v ^ ptx<^ 2.5 �Wattdefing the Seas common imi^ Seafaim aie men of gpreat iqppeciation 4^ the atte. We lomw that, and hi an to briag it to ^b&c fiie lx>g is lafHesied in ncdidits cmitihNitio^ Seaftien who haw a poem waiting to Im published. Addicm ismtrilmtiow the Seafar^ Ix^ d7S Foortt Ave., Brooklyn, N.Y, 11232. Birth^ * . t .;- ;eag • •-.T la the cdld» grey dattii Of an A{M^ mom whoa I was bom i K n • J 7' "• V -f: - It's a boy! ra .'V And be grew to be A sailor bold • IV But, as he grew old He wm told, ''Why don't you retire?" y 1 wish I could I think I would," Was his reply • • <, . , V-,r«A^ Now he has a wife And he has a cat And they have a home vn And he promised Her tiiat he'd stay home and never roam. vra ^ ... • But, the tension builds ^ pension yields A .nvto, K, Now he goro hcmm M<wt Every spring Just to pay his tax And to hear Her sing And watch her paint And just relax XI They love their daughter Dawn' A^ She loves them Arid thud's (dcs^ So until die ds^ ' C^\'' '• Who let me live Through another day. ' darence 'Bad' Condns C-59 . / •T'-'i '' „ ••>. '/•,-' - 'Way Up High- ' r J Tve often wondered and I still do Wlnat do old milms go vdiieai they dieii There's ooly one place that I can Is way up tiiere, "Way Up High. "Way Up High" am<mg the douds, With Christ, Captain of the Port, just hangmg around, of every sort. Vftdng sti^ and g^eons, ^ SaBing ships and tramp. Sailing continuously anmnd the sk^ With beautiful angels to enchant So, have no fear sailor man, : FOT vdien you die it's really true. You a;^ articles for hf^ With coffee time all day for you. ' - >?. ^ ' I V' < 1- ' >' „ .. ' . , '-US . '.4. Page 24 " . . • W.2o. .. ; ,| 1 Questions Answered About Social Security Q. I have been paying Social Secur­ higher than the widow's benefit, you ity for more than 20 years and so has would not want to make any change. my wife. Since she can get a monthly A point to keep in mind, however, benefit as a wife on my record when I is that a widow collects a permanently retire, why does she also have to pay reduced benefit if she starts getting Social Security? checks when she is 60. You would A. Everyone who works at a job have to wait until 62 to get full covered Ity Socid Security must pay. widow's benefit You should call or More important, however, your wife, visit your Social Security office to dis­ as a worker, has Social Security protec­ cuss your situation in detail. tion in her own right. E she becomes Q. I am 66 and enrolled in Medi­ severely disabled before reaching re­ care. After q)endmg a week in a hos­ tirement she might qualify on her pital, I was told that I must transfer own earnings record for monthly dis­ to a nursing home for the skilled nurs­ ability checks. And, when she retires, ing care I need, and Medicare would she can get retirement benefits on her still help pay my bills. How much of own earnings record even if you de­ my lulls will Medicare pay? cide to keep on working In most A If you are found eligiUe for cases, her retirement benefit chedk for Medicare benefits while you are in wotdd ^nerally be more than the specially qualified kind of skilled nurs­ check she would receive as a de­ ing home that is called an extended pendent wife. care facility, the program will pay for Q. I get monthly Sodal Security all covered services for the first 20 retirement diecks. Because I earn a days. For the next 80 days, Medicare little over $1,680 each year, I have will pay for all the covert services to file an annual report of my earnings except $8.50 a day. with Sodal Security. Since I will be Q. 1 have medical insurance under 72 years old soon, will I have to file Medicare. Can I send two different an annual report for 1972? bills to the carrier for two entirely A. Yes. It's true that there is no different services—^general practitioner limit on how much people 72 and over and radiologist—^together on one Re­ can earn without any reduction in quest for Payment form? their Social Security. You must file an A. Yes. annual report of your earnings for the entire year. However, no annual report will be required for 1973 and later years. Q. I am 40 years old and will need 10 years of work under Social Security to qualify for retirement benefits at Geotge LoUnaky age 62. P.have only worked at a job Mn. George Baladan asks that ydli covered by Social Security for about contact her as soon as possible at Sun­ six years. My wife worked under So­ rise Drive, Hopwood, Penn. 15445, tele­ cial Security about five years. May we phone no. 412-437-0522. combine our credits when I reach 62 Ralph DiPaoU to be eligible for benefits? Your sister, Mrs. Carmela Fornito, A No, the credits cannot be com­ asks that you write to her as soon as bined. Under the law, each worker possible at 1135 So. Seventh St, Phila­ must earn the number of credits he or delphia, Penn. 19147. she needs to qualify for Sodal Security benefits. Rodney L. Mason Your attorneys ask that you contact Q. I started receiving reduced So­ diem as soon as possible at Boccardo, cial Security retirement checks last Blum, Lull; Niland, Teerlink & Bell, One year when I turned 62. I am now 63 California St., San Francisco, Calif. and have suffered a stroke. Can I 94111, telephone no. 415-391-3700. -H jil apply for monthly disat^ty payments? Anthony Raia A. Yes. If you are found eligible to Your brother Sylvester Raia, that receive disability benefits, your retire­ you contact him as soon as possible at ment ben^ts will be changed over to 246 Seventh Ave., Brooklyn, N.Y. disability benefits. You cannot coUect 11215. benefits under both the disability and John Croker the retirement programs at the same Please contact R. R. Goodwin at P.O. time. Your monthly disability pay­ Box 1455 Norfolk, Va. 23501. ments would be higher than those you Earl Lee Owens receive now imder the retirement pro­ Your lawyer, €. Arthur Ratter, Jr., gram. asks that you call or vwite him at 720 Atlantic Naticmal Bank Building, Nor­ Q. When I became 65, I signed up folk, Va., telephone no. 703-622-5000. for Medicare's hospital and medical insurance. Can I use this coverage for Frimdsco Ri^es all doctors and hospitals? Your son, Miquel Reyes, asks that A You can of course go to any you contact him as soon as possible at physidan of your choice. Most hos­ 2151 Morris Ave., Apt. #9, Bronx, N.Y. 10453. pitals participate in Medicare, but not all. Any Social Security oflSce can tell Alfred Hinch you whether a hospital participates in Please contact your wife as soon as * Medicare. possible at 1901 81 St., Brooklyn. N.Y. Q. I have been getting monthly . 11214. Social Seciuity disability ^nefits on Eogene Mays my own work record for the past two Psnl Mays years and will be 60 soon. I am a Robert R. Kressin & AssociatfM ask widow and my husband was a Seafarer that you contact them at 4423 Cass St., who worked imder Social Security for P.O. Box 9999, San Diego, Calif! many years before he died. Should I 92109, telephone no. 714-274-4222. switch to widow's benefits at 60? Robert Wheat A. You may do so, if it is to your Your mother, Mrs. Alma Wheat, asks advantage. Obviously, if your monthly that you contact her as soon as possible Social Security disability benefit is at 1209 Blandina, Utica, N.Y. 13501. Seafarers Log �J SlU Headquarters Representative Bill Hall (foreground) assists wiper D. Hanratty (left) and Ordinary Seaman J. Mclain during visit aboard the Trans/nd/ana. Give a sailor a hot cup of good coffee and some­ how his day goes smoother. Ordinary Seaman L. Hernandez is handling the job of keeping those two coffee pots brewing. Second Electrician G. Bermeo checks to see that hoses are secure on refrigerating equip­ ment that has just been loaded topside aboard the Transindiana. �t. otect ing • • •• ^ . -^.n. :•• . '' - / \ .• - "'-'.t;- The Envi • i •- '•• ' • • . ' < ^ •' f "*••> >•. f . [•.'••% . *: . •,„ . •••' -•' ' H ;-S. -V .••:v^ .; ••••••^•'•-••l- •;,'.} *_ •x'\ A unique oil containment device, designed to prevent accidental oil spills from spreading out­ wards from a ship and its refueling barges, wm installed around the SlU-manned containership Trenton at her dock in Oakland, California to test its value as an anti-pollution weapon. Known as the Aqua Fence Oil Containment Boom, the new protective system is the first of its kind on the West Coast and the first ever in­ stalled by an American-flag containership operator. The Sea-Land system consists of 3,100 feet of corral-like fence, 1,300 feet of which floats perma­ nently in the water imder the pier and is secured by mooring rings to the pilings. The remaining 1,800 feet of barrier is enough to surround at least two Sea-Land containerships at a time. Construction of the fence is made up of a 24" wide belt of re-enforced nylon which comes in 100foot lengths connected together by quick locking devices. ' When not deployed on the water,' the fence can be stored on reels under the pier. It can be de­ ployed from these reels when needed at the-rate of 100 feet every three minutes. As it is being de{floyed, a small boat pulls it into position around the shi^. . i,' V . • . .:.-r .«»»«»«*• • ' ' -^1 - ij u! • .'I :'•••; .. V . , ,-11, I '4r| '' .^v.' Upgrading Class Schedule at Lundeberg School Fireman, Watertmidm', Oiler July 3 July 31 August 28 Upgrading classes for Lifeboat and Able Seaman endorsements; Fireman, Watertender and Oiler; and other Qualified Member Engine Department and Tankerman en­ dorsements are open at the Harry Lundeberg School in Piney Point, Maryland. Following is the schedule of classes: Ltfdboat, Able Seaman July 3 July 17 July 31 August 14 August 28 September 11 QMED Ratii^ & Tankerman July 17 August 14 September 11 Under a recent ruling by the U.S. Coast Guard, graduates of the Harry Lundeberg School will be able to qualify for upgrading with reduced seatime. Candidates for up-, grading must meet the following qualifications: APPLICATION FO:i UPGRADING HARRY LUNDEBERG SCHOOL PINEY POINT, MD. 20674 Rating HLS Graduate . All otlien Able Seaman 8 months ordinary seaman 12 mcmtbs ordinary seaman Fireman, Oiler, Watertender 3 months wiper 6 months wiper All other QMED ratings 6 months wiper 6 months wiper In order to process all applica­ tions as quickly as possible, applica­ tions should be accompanied with: • Four passport photos (full face). • Physical report frran either USPHS or SIU Clinic. Coast Guard regulations require that applicants for certification as Ttmkerman "shall furnish satisfac­ tory document evidence to the Coast Guard that he is trained in, and capable of performing efficiently, the necessary operation on tank vessels which relate to the handling of cargo." This written certification must be on company stationery, and signed by a responsible onnpany official whose signature is on record, at a Maritime' Inspection Office. To: U. S, Coast Guard (Use home port address) Mailing Address Gentlemen, Phone Age S. S. #_ Ratings Now Held Mr. (n^e) has been in our em­ ploy from (date) to (date) and has served aboard the (name of vessel) and is qualified to handle (cargo grade'sT. Book n Interested In IThat Rati.ngs__ Dates Available To Start HLS Graduate: Yes No Lifeboatman: Yes No Record of Seatime: Rating Date of Ship Held Shipment Date of Discharge T'Thile in our employ, Mr, (name) services have been satisfactory. He is '. trained in, and capable of performing ef­ ficiently the necessary operations on tank vessels which relate to handling of cargo. Sincerely, (Signature of Company Official) Page 26 Seafarers Log 1 'i*;. .. fl. tf. r v.'-.5.v.; • ? •, . - •r?-. - iI - » SAMPLE LETTER FOR TANKERMAN (ON COMPANY LETTERHEAD) Date: Name \' Home Address n I �Health Spas Prosper; Customers Get Stuck By Sidney Margollus . Consumer Expert t Want to take off a few extra ' ' pounds? Or get some exercise? Or does your son want to learn karate? The ressurgence of heavily-prooted health clubs, saunas, spas and ate courses is causmg causing grief to a liew generation of consumers who sign long-term contracts and then find they can't continue or the club closes up. While the ads for the new crop .of ^ , health clubs don't say so, the experi' i' ence has been that these clubs try to i sign you up for long contracts such as one or two years or even a lifetime . membership. Once you sign that contract, you usually have to pay. Under the holderin-due course laws in most states, the club or spa re-s-^^s your contract to a bank or financf company. You owe , the bank the money. I ^ One consumer organization, the en* ergetic Virginia Consumers Council, recently even picketed a health club * in the state (the European Health Spa). The consumer group went on the picket line to try to warn consumers about hi^-pressure sales tactics aimed at getting people to sign contracts they may later regret but cannot cancel. The Virginia Department of Agri­ culture & Commerce earlier had warned that these contracts are noncancellable, and signers must continue to make the payments regularly and on time, even if they stop using the facilities. Especially beware when a salesman tells you this is the last day of a special offer, the Virginia authori­ ties urged. One of the worst incidents, but by r no means an isolated one, occurred in Dellwood, a suburb of St. Louis. There, a "health and beauty resort" put on a big advertising campaign and signed up members with the promise ' of a big swimming pool and gym facil­ ities. The health club never opened the pool and other promised new facilities. i (1 1 I A k- But the people lured by tlie enthusi­ astic ads still had lo continue paying the finance company. The promoters sold memberships even up to the day before the club closed, the St. Louis Better Business Bureau reported. One 19-year-old boy who paid $150 in cash for member­ ship came back the next day and found the club out of business. Thus, the most excercise some health club clients get is trying to dodge the bill collectors later. Jim Lotz, a Canadian lecturer on community affairs, told in The Mari­ time Cooperator how he signed up for two years with the Ottawa branch of a U.S. health club chain, making his monthly payments to a finance com­ pany. The "personal attention" prom­ ised in the a^ turned out to consist of being measured once in a while, hav­ ing a series of exercises outlined and being shown how to use the equip­ ment. Worst Yet But the worst happened when Lxitz moved to another town. The contract as he understood it, said that if the client moved, the spa had to provide gym facilities within a reasonaUe dis­ tance. The nearest one proved to be 140 miles away from his new home. But the finance company still de­ manded payment. Lotz paid, figuring it would cost him even more to get a lawyer. In New York Qty, if determined Consumer Commissioner Bess Myerson has her way, a karate student who signs a long-term contract but drops buf if he finds he doesn't like it after all, would be protected by a rule re­ quiring a pro-rata payment for lessons actually taken plus a 5 percent pen­ alty. A survey by the Consumer Affairs Department showed that 12 out of 32 companies selling such "future serv­ ices" contracts in that city, demand the full contract from any client who Seafarers Welfare, Pension and Vacation Plans FOR THE MONTH OF MAY 1972 FOR PERIOD DECEMBER, 1, 1971 thru MAY 31, 1972 NVMBEB OF BENEFITS SEAFABEBS WELFABE FLAN AWOUNT PAID Scholarship Hospit^ Benefits Death Benefits Medicare Benefits Maternity Benefits Medical Examination Program Dependents Benefits (Average $433.30) Optical Benefits Meal Book Benefits Out-Patients Benefits Summary of Welfare Benefits Paid 351 2,069 Seafarers Pension Plan—^Benefits Paid 1,921 460,977.20 Seafarers Vacation Plan—^Benefits Paid (Average $495.24) 1,035 512,576.62 14,655 $1,279,623.75 $ 29 608 3,118.94 49,117.03 86,889.50 3,405.00 6,000.00 10,530.05 89,649.29 12,581.32 3,056.80 41,722.00 306,069.93 Total Welfare, Pensiim & Yacatkm Benefits Paid This Period cancelled, no matter how little ^nefit he received. In one case, this charge amounted to $1,500. The other 20 companies charged from 15 to 71 per­ cent of the contract price for cancel­ lation. The insistence on collecting most of the price or even all of it occurs even though salesmen told con­ sumers who complained to her office that they could cancel "without pen­ alty," -Commissioner Myerson re­ ported. One of our readers, a Long Island, N.Y., woman who had an orthopedic problem, signed up for a one-year $300 membership in a spa that prom­ ised to install a whirlpool bath for treatments her doctor recommended for osteo-arthritis. They never installed the pool but insisted she pay anyway even after the club closed up. She took her complaint to Small Claims Court, charging misrepresentation and breach of contract. But the knownothing judge took the side of the corporation, which was represented by a lawyer while the woman repre­ sented herself. The judge told the partially-crip­ pled woman that she was lucky the health-club company was willing to let her use another one of its clubs 20 miles away to complete the con­ tract. Moreover, the judge said she was harrassing the company official representing the health club as a wit­ ness by trying to- bring out facts about the facilities and sanitary conditions. Practice Cmttinnes So you can see how the whole shoddy game operates. The law usual­ ly is in on the side of the sellers of "future services;" they have the law­ yers working for them; big banks and finance companies provide the money for the operation, and the courts, except recently for a few thoughtful judges, also usually side with the sell­ ers on the basis of the sanctity of contracts. Meanwhile the health clubs, saunas, and judo and karate clubs open, close, and often open again at another loca­ tion or under other names. The former Vic Tanny gyms and Slenderella sa­ lons that a decade ago closed up leav­ ing thousands of clients holding use­ less "lifetime contracts," now have given way to new clubs often using the same facilities. Know Your Rights FINANCIAL REPORTS. The constitution of the SIU Atlantic, Gulf, Lakes and Inland Waters District makes spe­ cific provision for safeguarding the membership's money and Union finances. The constitution requires a detailed audit by Certified Public Accountants every three months, which are to be submitted to the membership by the Secretary-Treas­ urer. A quarterly finance committee of rank and file mem­ bers, elected by the membership, makes examination each quarter of the finances of the Union and reports fully their fadings and recommendations. Members of this committee may make dissenting reports, specific recommendations and separate findings. TRUST FUNDS. All trust funds of the SIU Atlantic, Gulf, Lakes and Inland Waters District are administered in accordance with the provisions of various trust fund agree­ ments. All these agreements specify that the trustees in charge of these funds shall equally consist of Union and management representatives and their alternates. All expen­ ditures and disbursements of trust funds are made only upon approval by a majority of the trustees. All trust fund finan­ cial records are available at the headquarters of the various trust funds. SHIPPING RIGHTS. Your shipping rights and seniority are protected exclusively by the contracts between the Union and the shipowners. Get to know your shipping rights. Copies of these contracts are posted and available in all Union halls. If you feel there has been any violation of your shipping or seniority rights as contained in the contracts between the Union and the shipowners, notify the Seafarers Appeals Board by certified mail, return receipt requested. The proper address for ffiis is: Eail Shepaid, Chalnnan, ScaBuren Appeals Board 275-20th Street, Brooklyn, N.Y. 11215 Full copies of contracts as referred to are available to you at all times, either by writing directly to the Union or to the Seafarers Appeals Board. CONTRACTS. Copies of all SIU contracts are available in all SIU halls. These contracts specify the wages and con­ ditions imder which you work and live aboard ship. Know your contract rights, as well as your obligations, such as filing for OT on the proper sheets and in the proper manner. If, at any time, any SIU patrolman or other Union official, in your opinion, fails to protect your contract rights prop­ erly, contact the nearest SIU port agent. EDITORIAL POLICY-SEAFARERS LOG. The Log has traditionally refrained from publishing any article serving the political purposes of any individual in the Union, officer or member. It has also refrained from publishing articles deemed harmful to the Union or its collective membership. This established policy has been reaflSrmed by membership action at the September, 1960, meetings in all constitutional ports. The responsibility for Log policy is vested in an edi­ torial board which consists of the Executive Board of the Union. The Executive Board may delegate, from among its ranks, one individual to carry out this responsibility. PAYMENT OF MONIES. No monies are to be paid to anyone in any official capacity in the SIU unless an official Union receipt is given for same. Under no circumstances should any member pay any money for any reason unless he is given such receipt. In the event anyone attempts to require any such payment be made without supplying a re­ ceipt, or if a member is required to make a payment and is given an official receipt, but feels that he should not have been required to make such payment, this should inunediately be reported to headquarters. CONSTITUTIONAL RIGHTS AND OBUGAITONS. The SIU publishes every six months in the Seafarers Log a verbatim copy of its constitution. In addition, copies are available in all Union halls. All members should obtain copies of. this constitution so as to familiarize themselves with its contents. Any time you feel any member or officer is attempting to deprive you of any constitutional right or obligation by any methods such as dealing with charges, trials, etc., as well as all other details, then the member so affected should immediately notify headquarters. EQUAL RIGHTS. All Seafarers are guaranteed equal rights in employment and as members of the SIU. These rights are clearly set forth in the SIU constitution and in the contracts which the Union has negotiated with the employ­ ers. Consequently, no Seafarer may be discriminated against because of race, creed, color, national or geographic origin. If any member feels that he is denied the equal rights to which he is entitled, he should notify headquarters. SEAFARERS POLITICAL ACTIVITY DONATIONS. One of the basic rights of Seafarers is the right to pursue legislative and political objectives which will serve the best interests of themselves, their families and their Union. To achieve these objectives, the Seafarers Political Activity Do­ nation was established. Donations to SPAD are entirely voluntary and constitute the funds through which legislative and political activities are conducted for the membership and the Union. If at any time a Seafarer feels ffiat any of the above rights have been violated, or that he has been denied his constHntional right of access to Union records or infonnation, he should immediately notify SIU Presidoit Paul Hall at head­ quarters by certified mail, return receipt requested. Page 27 , • • ..f . 7 . • // �•* SlU Pensioners • Alfredo Olrtega, Jr., 60, is a native of Florida and makes his home in Tampa. One of the early members of the union, Seafarer Ortega joined in 1939 in the Port of Tampa. He sailed in the deck department. Loab L. Racloppo, 60, is a native of Italy and now makes his home in Brooklyn, N.Y. He joined the union in 1949 in the Port of New York and sailed in the engine department. Brother Racioppo served as depart­ ment delegate while aboard ship. William A. Hedlund, 65, is a native of New York City and now lives in the Bronx, N.Y. He joined the union in 1960 in the Port of New York and sailed in the deck department. Harold HoUlngsworth, 60, is a na­ tive of Lake Charles, La., and now mtdtes his home in Houston, Tex. He joined the union in 1953 in Lake Charles and sailed in the steward de­ partment. Brother Hollingsworth is an Army veteran of World War n. Walter M. Sprinkle, 62, joined the union in Port Arthur and sailed in the engine department. A native-of Gulfport, Miss., Brother Sprinkle now makes his home in Port Arthur, Tex. He is a Navy veteran of World War Michael Cekot, 51, joined the union in the Port of New York and sailed in the deck department. A native of Jersey City, N.J., Brother Cekot con­ tinues to make his home there. He is an Air Force veteran of World War II. Henry E. Murray, 64, is a native of Philadelphia and now makes his home in Upper Darby, Pa. He joined the union in 1960 in the Port of Phil­ adelphia and sailed in the deck depart­ ment. Bernard P. Burice, 55, is a native of Indiana and now makes his home in South San Francisco, Calif. He joined the union in 1948 in the Port of San Francisco and sailed in the steward department. Brother Burke served as department delegate while sailing. John A. King, 69, joined the un­ ion in 1960 and sailed on the Great Lakes in the deck department. A na­ tive of Alanson, Mich., Brother King now resides in Lockport, N.Y. He retired after sailing 27 years. n. '^1 M Leopold Bmcei, 65, joined the union in 1946 in the Port of New York and sailed in the steward de­ partment. Bruce often served as de­ partment delegate while sailing. A native of. Trinidad, British West Indies, Seafarer Bruce now lives in Bronx, N.Y. Juan Cruz, 64, is one of the first members of the union, having joined in 1939 in the Port of Baltimore. He sailed in the deck department. A native of Puerto Rico, Cruz now makes his home in Brena, P.R. Sea­ farer Cruz was issued a picket duty card in 1961 and another in 1962 during the Moore McCormack-Robin Line Beef. His retirement ends a sail­ ing career of 45 years. Robert L. Kei^r, 66, joined the union in Port Arthur and sailed in the steward department. A native of Johnstown, Pa., Brother Keiper now resides in Port Arthur, Tex. Antonio L. Dos Santos, 58, is a native of Brazil and now resides in Baltimore, Md. He joined the union in 1951 in the Port of Baltimore and sailed in the engine department. Sea­ farer Dos Santos served in the Bra­ zilian Army from 1932 to 1938. - il PVed B. LaPlant, 65, is tme of the first members of the union having joined in 1938 in the Port of Mobile. Brother LaPlant sailed in the engine department. A native of Missouri, L^lant now lives in Baltimore, Md. His retirement ended a sailing care^ of 40 years. Welfare Plan Clarifies 'Dependent' The Seafarers Welfare Plan advises Seafarers that as of January 5, 1972, the term "dependent" shall mean: • The spouse of an eligible employee • All unmarried children under 19 years of age • Also, adopted children, provided that the eligible employee is the sole source of support for such children for the past three years. The foregoing definition of the term "depend­ ent" shall be applied by the Seafarers Welfare Plan with respect to any claims submitted by Seafarers. A Happy Day for Notfage Family Engine department Seafarer Anthony Nottage (left) holds daughter Nancy as he receives his first monthly SlU pension check from Wilmington Port Agent Dave Goldberg. Daughters Linda (left) and Anna share dad's happiness, Page 28 Seafarers Log .-v: 4"» �DISPATCHERS REPORT ArionHe. Gidf & Inkmd Walws Dbtriet r May 1-31, 1972 DECat DEPARTMENT TOTAL REGISTERED AD Groups OassA ClassB 8 3 116 53 9 14 47 17 43 7 28 11 20 10 62 19 79 28 53 57 16 22 59 95 37 31 619 325 Port Boston New York... Philadelphia. Baltimore Norfolk. Jacksonville Tampa..... Mobile New Orleans Houston Wilmington San Francisco Seattle Totals t ; !; ' 1r !' • I TOTAL SHIPPED REGISTERED ON BEACH AUGronps Class A ClassB ClassC 4 0 1 45 30 3 17 16 1 31 16 0 3 11 0 13 8 0 7 3 0 25 0 7 56 25 0 32 31 1 11 -11 0 79 38 0 38 35 1 369 6 224 ENGINE DEPARTMENT TOTAL REGISTERED TOTAL SHIPPED AD Groups ClassA ClassB 6 5 86 68 13 5 31 28 25 8 13 15 8 8 38 20 64. 46 65 65 23 20 67 67 21 56 457 414 Port Boston New York Philadelphia Baltimore Norfolk ,. Jacksonville Tampa Mobile.. New Orleans... Houston Wilmington San Francisco. Seattle Totals All Groups ClassA ClassB ClassC 3 0 2 46 44 7 8 15 0 20 24 0 8 0 11 7 •22 1 6 4 0 13 13 0 45 22 1 36 33 0 0 5 14 64 79 0 32 22 0 289 309 9 Boston New York "'Philadelphia....: Baltimore Norfolk JacksonviUe Tampa MobDe New Orleans..., Houston Wilmington San Francisco. Seattle Totals 'I ......... AD Groups ClassA ClassB 2 4 65 52 8 28 15 17 15 9 14 6 11 27 44 67 28 10 11 51 75 28 22 389 284 .. ... REGISTERED ON BEACH STEWARD DEPARTMENT TOTAL REGISTERED TOTAL SHIPPED (Port An Groups ClassA ClassB 19 8 237 99 26 17 99 35 47 21 47 17 14 16 105 39 178 99 142 121 28 25 152 118 26 16 1120 631 AD Groups ClassA <Class B 5 11 151 143 8 5 77 50 34 16 26 22 10 11 69 35 140 128 117 104 20 25 104 125 17 9 780 682 • i. ?:> I p.m. p.m. p.m. p.m. p.m. p.m. p;m.. p.m.. p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m. p.m.* p.m. p.m. p.m. Buffalo... Duluth Cleveland Toledo.... Detroit....... Milwaukee EXECUTIVE VICE PRESIDENT Cal Tanner AD Groups ClassA ClassB 4 4 136 94 9 16 75 33 32 25 15 9 16 5 70 25 129 65 113 107 10 / 14 ; 92 85 19 7 731 478 July July July July July July 12—7:30 14—^7:30 14—7:30 14—7:30 10—7:30 10—7:30 SIU Inland Boatmen's Union New Orleans July 11—5:00 Mobile ...iU..... July 12—5:00 Philadelphia...:.. ...v....... July 5—5:00 Baltimore (licensed and unlicensed) ...^.........July 5^—^5:00 Norfolk July 6—5:00 Houston .^. July 10—^5:00 p.m. p.m. p.m. p.m.' p.m. p.m. p.m. p.m. p.m. p.m. p.m". p.m. Raflway Marine Region Philadelphia.......; ; July 11—10 a.m. 8L 8 p.m. Baltimore:.........;....... July 12—10 a.m. & , 8 p.m. •Norfolk ; July 13—10 a.m. & ; . 8 p.m. Jersey City July 10—10 a.m. & lot : » P^- ^Meeting Held ^ Galveston wharves. ®:^Jt!l^eeting hi^id in Labor Temple, Sault Ste. Marie, Mliih. ^ •• • ^ '• SIU Atlantic, Gulf, Lakes & Inland Waters Inland Boatmen's Union United Industrial Workers Joe DiGiorgio MEMBERSHIP MEETINGS' SCHEDULE SIU-AGUWD Meeting New Orleans July 11—2:30 Mobile July 12—2:30 Wilmington....... July 17—2:30 San Francisco .....July 13—2:30 Seattle....... .July 21—2:30 New York....^. July 3—2:30 Philadelphia ;.......July 5—^2:30 Baltimore .....July. 5—^2:30 Detroit....: ....July ' 7-^2:30 4:Hou^pn July 10—2:30 United Inddsiriai Workers New Orleans.....;.......... : July 11—^:00 Mobile^......;..:. July 12—7:00 New York ..^;..i;........ .....July 3—7:00 Philadelphia......:...,;^ ; July 5—7:00 Baltimore......^"— : July 5—7:00 Houston...:...; ...i July-10—7:00 Great Lakes SIU Meetings Detroit: July 3—2:00 Buffalo... ,..July 3—^7:00 Alpena July 3—^7:00 Chicago : July 3—7:00 Duluth Y.liUl&uly 3—7:00 Fwgjiiort.....,..^^^...,,,......4........July 3—7:30 Great Laikes and, Dredge Section ^ tSault Ste. Marie Jiily 13—^7:30 Chicago July 11—7:30 Directory of Union Haiis PRESroENT Paul HaU SECRETARY-TRfeASURER REGISTERED ON BEACH All Groups ClassA ClassB ClassC 1 0 1 23 3 25 9 9 0 8 0 14 9 0 11 10 0 8 '3 7 0 9 13 0 52 0 14 23 ";14 - 0 ^7 0 4 45 55 0 27 18 1 184 235 4 i. •' •Meeting held in Labor Temple, NeWport News. VICE PRESIDENTS Earl Shepard Lindsey Williams A1 Tanner Robert Matthews HEADQUARTERS 675 4tii Ave., Blyn. 11232 (212) HY 9-6600 ALPENA, Mich. 800 N. Second Ave. 49707 (517) EL 4-3616 BALTIMORE, Md. ....1216 E. Baltimore St 21202 (301) EA 7-4900 BOSTON, Mass . 215 Essex St 02111 (617) 482-4716 BUFFALO, N.Y. .290 Franklin St 14202 SIU (716) TL 3-9259 mU (716) TL 3-9259 CHICAGO, ni. 9383 Ewing Ave. 60617 SIU (312) SA 1-0733 IBU (312) ES 5-9570 CLEVELAND, Ohio 1420 W. 25th St 44113 (216) MA 1-5450 OETROIT, Mich. ..10225 W. Jefferson Ave. 48218 (313) VI 3-4741 DULUTH, Minn 2014 W. 3d St 55806 (218) RA 2-4110 FRANKFORT, Mich P.O. Box 287, 415 Main St 49635 (616) EL 7-2441 HOUSTON, Tex. ....5804 Canal St 77011 (713) WA 8-3207 JACKSONVILLE, Fla. 2608 Peart St 32233 (904) EL 3-0987 JERSEY CITY, NJ. 99 Montgomery St 07302 (201) HE 5-9424 MOBILE, Ala. 1 Sonfli Lawrence St. 36602 (205) HE 2-1754 NEW ORLEANS, La. 630 Jackson Ave. 70130 (504)529-7546 NORFOLK, Va 115 3d St 23510 (703) 622-1892 PHILADELPHIA, Pa. 2604 S. 4th St 19148 (215) DE 6-3818 PORT ARTHUR, Tex. 534 Ninth Ave. 77640 (713) 983-1679 SAN FRANCISCO, Calif. .1321 Mission St 94103 (415) 626-6793 SANTURCE, P.R. 1313 Fernandez Jimcos, Stop 20 00908 (809)72441267 SEATTLE, Wash 2505 First Ave. 98121 vt (206)MA3^334 ST. LOUIS, Mo 4577 Gravois Ave. 63116 (314) 752-6500 TAMPA, Fla. 312 Harrison St 33602 (813) 229-2788 TOLEDO, Ohio 935 Summit St 43604 (419) 248-3691 WILMINGTON, Calif. .450 Seaside Ave. Terminal Island, Calif. 90731 (213) 832-7285 YOKOHAMA, Japan .Iseya Bldg., Room 810 c , 1-2 Ka^an-Dori-Nakidni 2014971 Ext 281 �Jfinal ituartiircs James R. Deihl, 55, passed away Feb. 23 in USPHS Hospital, Norfolk, Va. A native of Reedville, Va., Broth­ er Deihl was a resident of Hampton, Va. when he died. He joined the union in 1964 in the Port of Norfolk and sailed in the engine department. Among his survivors is his sister, Ella Mae Cockrell of Hampton. Burial was in Roseland Cemetery in Reed­ ville. Charles B. Ross, 73, was an SlU pensioner who passed away April 3 of heart disease in Houston, Tex. A native of Arbroath, Scotland, Ross was a resident of Houston when he died. He joined the union in 1949 in the Port of Mobile and sailed in the deck department. Brother Ross retired in 1968. Among his survivors is his brother, James L. Ross of Edgewood, R.I. Burial was in Forest Park East Cemetery in Houston. Fred H. Anderson, 54, passed away Jan. 27 of heart disease in Houston, Tex. A native of Wash­ ington, Brother Anderson was a resident of Houston when he died. Seafarer Anderson sailed in the engine department. Among his survivors is his brother, Herman R. Anderson of Seabeck, Wash. Burial was in Forest Park Lawndale Ceme­ tery in Houston. Enoch J. Gaylor, 69, was an SIU pensioner who passed away Mar. 20 in the USPHS Hospital in New Orleans, La. A native of Georgia Gaylor was a resident of New Orleans when he died. One of the first union members. Seafarer Gaylor joined in 1938 in the Port of Baltimore and sailed in the deck department. He served in the Navy from 1921 to 1934. He retired from the union in 1968. Among his survivors is his sister, Mae Gaylor Bell of Opelika, Ala. Burial was in Garden Hill Cem­ etery in Opelika. Tonls Tonisson, 67, was an SIU pensioner who passed away Feb. 12 of heart disease in Brooklyn, N.Y. A native of Estonia, Tonisson was a resident of Brooklyn when he died. He joined the union in 1946 in the Port of New York and sailed in the engine department. Brother Tonisson served as department delegate while sailing. He was also issued a picket duty card in 1962 during the Moore McCormack-Robin Line Beef. . Brother Tonisson had been sailing 47 years when he retired in 1969. Among his survivors is his brother, Martin Tonis­ son of Melbourne, Australia. Burial was in Green­ wood Cemetery in Brooklyn. William Yuhas, 61, passed away Nov. 9, 1971 of heart failure in Port Wing, Wis. A native of Wis., Brother Yuhas was a resident of Port Wing when he died. Yuhas sailed in the engine depart­ ment on the Great Lakes. Among his survivors is his wife. Norma. Burial was in Greenwood Cemetery in Port Wing. Louis A. Tuckfield, 73, was an SIU pensioner who passed away Mar. 2, 1972 in Philadelphia, Pa. of natural causes. A native of Malta, Brother Tuckfield was a resident of Philadel­ phia when he died. He joined the union in 1941 in the Port of New Orleans and sailed in the deck de­ partment. He had been a sailor for more than 55 years when he retired. Among Tuckfield's survivors is his brother, Harry J. Tuckfield of Port Charlotte, Fla. Burial was in Holy Cross Cemetery in Yeadon, Pa. Anthony M. Ferrer, 74, was an SIU pensioner who passed away Dec. 17, 1971 of a heart attack in Llansa, Spain. Brother Ferrer joined the union in 1944 in the Port of Balti­ more and sailed in the steward de­ partment. He sailed for 44 years until his retirement in 1963. A native of Spain, Ferrer was a resident in Llansa, Spain when he died. Karl W. Schroeder, 76, was an SIU pensioner who passed away Jan. 6, 1972 of heart trouble in Alicante, Spain. A native of Germany, Brother Schroeder was a resident of Alicante when he died. He joined the union in 1956 in the Port of Baltimore and sailed in the deck department Schroeder was issued a picket duty card in 1961. He had been sailing 44 years when he retired in 1964. Among his survivors is his wife, Josefa. Binial was in the Cemetery of Alicante. Harold C. Haugen, 64, passed away Mar. 15 of a heart attack in Frank­ fort, Mich. A native of Frankfort, Brother Haugen was a resident there when he died. He joined the union in 1963 in the Port of Frankfort and sailed in the steward department. Among his survivors is his wife, Clara. Burial was in Lutheran Cemetery in Crystal Lake Township, Mich. Monroe Deedler, 56, died on Mar, 2 in Hubbard Lake, Mich, where he was trapped in a burning building. Brother Deedler was a resident of Hubbard Lake when he died. He joined the union in 1969 in the Port of Alpena and sailed in the engine department on the Great Lakes. He had been sailing 18 years when he died. Deedler was an Army veteran of World War 11. Digest of TRANSIDAHO (Hudson Waterways), Mar. 19—Chairman Frank Gaspar; Secretary Aussie Shrimption. $150 in ship's fund. No beefs and no disputed OT. TRENT (Verity Marine), Mar. 5— Chairman A. E. Bourgot; Secretary C. E. Tumer; Deck Delegate David B. Ramirez; Engine Delegate John Federovich; Steward Delegate August J. Panepinto. $17 in ship's fund. Some dis­ puted OT in deck and steward depart­ ments. SEATRAIN MARYLAND (Seatrain), Feb. 27—Chairman Enos E. Allen; Secretary J. B. Archie; Steward Delegate Alfred Flatts. Everything is running Page 30 Wilbert J. Baimsfather, 62, passed away Mar. 10 in the Gulf of Mexico , off Lafourche, La. He drowned when the tugboat on which he was sailing • sank. A native of Algiers, La., Baims­ father was a resident of New Orleans • at the time of his death. He joined , the union in 1956 in the Port of New < Orleans and sailed in the deck depart­ ment. Among his survivors is his son, Kenneth C. Baimsfather of New Or-,, leans. Burial was in McDonogh ' ii Cemetery in Gretna, La. * Truman W. Warren, 70, was an SIU pensioner who passed away Mar. 16 of heart disease in Paul Oliver Memorial Hospital, Frankfort, Mich. • A native of Frankfort, Brother Warren was a resident there when he " died. He joined the union in the Port ^ of Frankfort and sailed in the steward department on the Great Lakes. ^ When Seafarer Warren retired in 1966 he had been sailing over 18 ' years. Among his survivors is his wife, Gladys. Burial' was in Crystal ' Lake Township Cemetery in Benzie County, Mich.' George R. Dnffield, 34, passed away Nov. 9, 1971 of heart disease in Episcopal Hospital, Philadelphia, Pa. A native of Philadelphia, Brother Dufiield was a resident there when he died. He joined the union in 1965 in the Port of Philadelphia and sailed in the engine department. Among his survivors is his wife, Marie. Burial was in Hillside Cemetery, Roslyn, Pa. Davis; Deck Delegate H. E. Miller; En­ gine Delegate George Hoopes. $19 in ship's fund. Most repairs have been taken care of. No beefs. SL 181 (Sea-Land), Mar. 5—Oiairman John Davies; Secretary G. Walter; Deck Delegate J. Glinski; Engine Dele­ gate Manuel F. Lopez; Steward Dele­ gate Stonewall Jackson. $15 in ship's fund. No disputed OT and no beefs. SEATRAIN CAROLINA (Hudson Waterways), Mar. 12—Chairman Billy G. Edelman; Secretary W. C. Sink; Deck Delegate Eugene O. Conrad; En­ gine Delegate C. L. Paulerson; Steward Delegate G. C. Reyes. $100 in ship's fund. Few hours disputed OT in steward » ' ' Alphonso Pyles, 40, passed away April 15, 1971 in Singapore while a** crew-member on board the Mount ' VernonVictory. He was a resident .i, of Olongapo City, Philippines when v he died. Brother Pyles sailed in the ^ deck department. Among his survivors f is his wife. Carmen. Burial was in v Olongapo City Cemetery. Earl F. Sedlacek, 44, passed away Mar. 7 of heart disease in Pasadena, Texas. A native of Midfield, Tex., Brother Sedlacek was a resident of Pasadena when he died. He joined the union in 1961 in the Port of Houston and sailed in the engine department. Sedlacek served in the -Air Force from 1946 to 1949. Among his survivors is his wife, Marie. Sea­ farer Sedlacek's body was removed to Hawley Cemetery in Blessing, Tex. Ships iVieetings smoothly. All repairs have been taken care of. Some disputed OT in deck and engine departments. Vote of thanks to the steward department for a job well done. SEATRAIN FLORIDA (Seatrain), Mar. 5—Chairman B. R. Scott; Secreizxy P. S. Holt; Deck Delegate M. Wiliams; Engine Delegate George Zelkos; Steward Delegate J. E. Ward. $9 in ship's fund. Some disputed OT in deck and steward departments. The steward department extended a vote of thanks to the entire ere wfor this co­ operation. CHICAGO (Sea-Land), Mar. 19— Chairman Dan Butts; Secretary J. M. * department. Vote of thanks to the steward department for a job well done. MT. WASHINGTON (Victory Car­ riers), Mar. 19—Chairman C. Dickney; Secretary A. H. Reasko...$ll in ship's fund. Some disputed OT in engine de­ partment Vote of thanks to the steward department for a job well done. The steward department thanked the crew for their cooperation. MISSOURI (Ogden Marine), Mar. 26—Chairman S. Monardo; l^retary W. J. Miles; Deck Delegate Leonard Bartlett; Engine £>elegate J. M. Tramontanic; Steward Delegate Leslie Burnett. $21 in ship's fund. No beefs were re­ ported. Seafarers Log , �:•> r- Messman P. Chably slices fresh Itair ian bl jd for Saturday dinner. Third \ Cook W. Kitchen is in background, busy with other galley tasks. ••eS-- The SlU-manned Waterman Steamship Co. frelghtship Topa Topa is presently serving under a charter to the Military Sealift Command. Built in 1945, the 10,370 deadwei^t-ton vessel is 445 feet long and has been carrying general government cargoes to ports in the Far EaSt. During her stopover at the U.S. Military Ocean Terminal in Bayonne, New Jersey, a shipboard meeting was held and crewmembers reported only minor beefs with a generally smooth voyage logged. If may not catch the eye of a sailor now, but that bowl of "fixins" will soon be turned into hot and tasty potato pancakes by Topa Topa's Chief Cook B. Kiedinger. Deck engineer G. Juarez is busy pre­ paring rigging topside for Sunday sailing back to the Far East. W Si m ~ ' 5 • •: , n'i f i n Able Seaman A. Maben is signing off the Topa Topa for a well earned making arrangements for transporta The crew's mess is crowded from bulkhead to bulkhead as SlU Headquarters Representative Bill Hall (standing, left) shipboard meeting. ie3l �SEAFARER "i EOG Juiw 1972 OFFICIAL ORGAN OF THE SEAFARERS INTERNATIONAL UNION . ATLANTIC, GULF, LAKES AND INLAND WATERS DISTRICT . Voice of the Membership As the membership is aware, the Log solicits and wdcomes letters expressing the views of SIU members. In adhering to a policy of assuring respect for ike rights of individutd members, Seafaieis Log poUcy does not dkm for Ifce pub' Letter from SIU member Walter Le Qair aboard tbe SS Ogdem WtAasfi dated March 14, 1972, received at SIU hf adqim if i w We the crew of the S/S Ogden Wcdtash would like to go on ncoid with you and the Contract and Negotiating Committee, that we want die Contract and Negotiating Committee this June 15, 1972 vdien our contract runs out, to demand a wage increase of five and a half percent this year~ 1972, and a five and a half percent increase in wages in 1973. Also we want an increase in our pension, $250.00 a month to an in­ crease of $350.00 a-month, and chtmge the present seatime lequiranents frmn 20 years seatime to 15 years seatime with no age limit Thank you. Fraternally, s/ Walter W. Le Qair, L-636 Ship's Chairman .;v; V liaMfefi of letters whkh me not ht good taste or which misrepresent the views of Comsegmmtfy, ktlers such as those reproduced on this page are not published^ as a gcfwrai rale. The Log has made an exception in reganl to these communicdtiom because the writers of one tetter have requested that their message be primed in the Log. Because the letter would have no meaning without also re- •• ferring to those letters it mentions, it is necessary in respect^ the rigfits of these , brothers to a fair representation of its views that the previous documents which gave rise to this letter also be reprodtKed. " The exception was made, too, because some of these commwticatkms have ah- *' • rmrdy been widely circulated artwng the merribership. Therefore, the lettms on this page are being reproduced here so that the entire matter can be eared ma manner that will edlaw the membership to be aware of* these facts and to make their own judgment on the questiora reused. The letters < in the column on the left were mailed together, as part of a package, to virtualty all SlU-contracted ships. The letters in the right-hand column are typical of the many responses received at union headquarters. (Signed by mmnber? of the crew) Letter from SIU headqnaurters, dated March 23, 1972, to Walter Le Qair. Dear Brother Le Qair; We are in receipt of the Ship's Minutes for March 14, 1972, and their proposals for the next Contract. I am turning your suggestions over to the Contract Negotiating Com­ mittee for their consideration when the Committee meets for the next Con­ tract Negotiation. We thank you for your suggestions and the interest you have shown in this matter. Thank you for contacting this ofiSce. With best wishes for smooth sailing^ I remain, FratonaUy, s/Joe DiGiorgio Vice Presid&at • !)• - igasiiSBf' is Letter from Walter Le Qair dated April 25, 1972 to SIUcontracted ships. Dear Brothers: On March 14, 1972 whrai I was Bos'un and ships chairman on the S/S Ogden Wabash, we the crew brought up at our union meeting, that we write a letter to Paul Hall, and the contract and the negotiating committee, anting thm this June 15, 1972 when our contract i^ to be renewed, rtiat they the comnuttee at least ask the steamship companies under foj a five and a half percent increase in wages in 1972, and a five and a half percent mcrease in wages in 1973. The reascm for only a five and a half percent increase in wages for each yew 18 that. President Nixon's Price and Wage Control Board may step in and put a stop to any increase over five and a half percent. Alto in the letter we ask for an increase in our pension from $250.00 a month to $350.00 a month, and to reduce the 20 years seatime reqiiirement to 15 years seatime, with no age limit. We the union brothers on the S/S Ogden Wabash fed that the union teotora on all SIU ships should write a letter like the one we wrote to Paul and the contract and negotiating committee so that th^ vrill know we are fed up with his sweetheart contracts, if we all get together on this m^ wd demand better wages, overtime, pension and a voice in our union, then we can again cafl the SIU a labor union, instead of an unem­ ployment office. I am sending a Copy of our letter to all the SIU ships, this letter should be read and discussed at your next ship meeting, if the union brothers on your ship feel that they want better union conditions in the SIU, then they should write a letter to Paul Hall and the contract negotiating and let dimn know what they want in our next contract. If ffie brothers on your ship do decide to write a letter to the committee, would you please send a copy of your letter to me. In our last union election, Paul HaU ran on the ballot unopposed, the reason for this is he disqualified all union brothers that try to run him. When we^have our next union election I, Walter W. Le Qair, L-636 will run against Paul Hall for the presidential office of the SIU. I've been a se^an for twenty years, and I feel like most union brothers who's been m^the SIU for any number of years, and that is? Mr. HaU and aU his other union fakers have been seUing, us the membership out for the bene­ fit of the steamship companies and himself. I know it's a little early to be thinking about our next union election when its three years away, but if you're not satisfied with the so-caUed union wages and pension that we have, then I ask you and any other union brother to remember me in our next union election. Thank you, Yours for a s/ Waiter W. LeCMr,L-6U iSf! Letter froiii SIU crewmembers aboard the SS Ogden Wabash dated May 28,1972, received at SIU headquarters. We the crewmembers of the S/S Ogden Wabash wish to let you know that we were never told by Walter Le Qair, Ex-Bosun aboard this ship that he intended to use the ship's minutes as propaganda for his own personal ^ins. We resent this action since this meeting aboard ship was held to let the negotiating committee know we were interested in improving the pension and contract. None of us were asked or had givMi authorization to use our names in ccmnection with the letter dated April 25, 1972 that Le Qair has been mailing, 8/ 8/ s/ s/ Thomas O'Connor, 0-186 M. J. Lohr, Jr., U-180 Charies W. Marshall, M-271 Frank Barone, B-1192 s/ s/ s/ 8/ •4' ' > (1 fi ^1 John Shannon, 29*167 Floyd Mitchell, Jr. M-1022 R CrackneU, C-814 B/ b. Scroggins, S-859 : '• 4 Letter from SIU member Frank Corcoran dated May 29,1972, received at SIU headquarters. I have receatly become aware of a letter being ciieulated by Walter Le Clair who was a former shipmate on the S/S O^ien Wabash. is to advise you Le Qair had no authority to use my name in con­ nection with any vicious propaganda and h«lf truth. Ito meeting was held on the $/S Ogden Wabash in a democratic faslucm and the intention of the crew was to pass thi« tm to the negotiating SMamittee. - II I have been a member for 28 years, this is my first cxpctietrco of rhig nature where a brother memb» has tried to pull such a lousy trick. Paul, I want to let you know how 1 feel about this. Best of Luck,, s/Frank Corcoran, C-505 ^ -'V Letter from SIU crewmembers aboard the SS Fairland dated ,4 May ^,1972, received at SIU headquarters. •? We the crew of the S.S. Farland wish to go on record at headquarters, denouncing the charges in a letter received aboard ship written by Walter W. LeQair, book # 1^636. We further wish to stress that we do not condobe. such statements that have no profound factor (rf the charges that this brofiier has made in thh attacted letter. We feel that our S.LU. negotiating committee will settle for no less and if not more than any other maritime union has got or will get in our next contract including our entire benefits. We WKh to have dsis letter put in our LOG at an early date. Thanking you for your keen interest in nil S.LU. members, congratula­ tions to the entire staff at headquarters; Kindly read this ieW*r to our member^ at your next regular meeting. Fraternally yours, D. Hunter, H-570 Ship's Chairman (ffigned by n^bers of the crew) , ' H•.J n ';>(• •j*' M [M � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Seafarers Log Issues 1970-1979 Description An account of the resource Volumes XXXII-XLI of the Seafarers Log Source A related resource from which the described resource is derived Paul Hall Maritime Library Microfilm 1939-1993 Publisher An entity responsible for making the resource available Seafarers International Union of North America Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource June 1972 Description An account of the resource Headlines: CONTAINERSHIP CONSTRUCTION ON SCHEDULE THE SIU AND THE LEARNING PROCESS SIU MEMBERSHIP VOTING ON NEW CONTRACT HILL COMMITTEE REPORTS BILL SETTING 50% OIL IMPORTS CARRIAGE FOR U.S. FLAG SHIPS SIU-CONTRACTED WATERMAN CO. SIGNS OPERATING SUBSIDY PACT WITH MARAD LAID-UP TANKERS ARE REACTIVATED SIU ELECTIONS UPHELD; COMPLAINTS DISMISSED NLRB RULES CONTRACTS CAN'T HINDER DOMESTIC SHIP SALES NATIONAL MARITIME COUNCIL TRANS-ALASKA PIPELINE GIVEN OK BY INTERIOR FPC OFFICIAL APPROVES LNG IMPORT, CONSTRUCTION PLAN 1972 SCHOLARSHIP WINNERS ANNOUNCED AFL-CIO OUTLINES MARITIME PROGRAM, ECONOMIC GOALS TO DEMOCRATS, REPUBLICANS TOOLS FOR SELF DESTRUCTION BROTHERHOOD OF THE SEA CONSUMER BOYCOTTS HELP IN WINNING UNION RECOGNITION SIU VACATION CENTER IN OPERATION FEDERAL JUDGE RAPS JUSTICE DEPT., DISMISSES INDICTMENT OF SEAFARERS COMPLETE TEXT OF JUDGE'S DISMISSAL ORDER TEXT OF INDICTMENT AGAINST SIU SIU INDICTMENT HIT BY AFL-CIO LESSON OF INDICTMENT IS THAT LABOR MUST VIGILANTLY PROTECT ITS RIGHTS SUMMER REFITTING UNDERWAY ON LAKES MEMORIAL SERVICE HONORS MARINERS U.S. NAVY PAYS SPECIAL TRIBUTE TO MEMBERS OF AMERICA'S MERCHANT MARINE MARITIME DAY VIEWPOINTS QUESTIONS ANSWERED ABOUT SOCIAL SECURITY TRANSINDIANA ON PUERTO RICO RUN HEALTH SPAS PROSPER; CUSTOMERS GET STUCK Creator An entity primarily responsible for making the resource Seafarers Log Source A related resource from which the described resource is derived Paul Hall Maritime Library Microfilm 1939-1993 Publisher An entity responsible for making the resource available Seafarers International Union of North America Date A point or period of time associated with an event in the lifecycle of the resource 6/1/1972 Format The file format, physical medium, or dimensions of the resource Newsprint Type The nature or genre of the resource Text Identifier An unambiguous reference to the resource within a given context Vol. XXXIV, No. 6 1972 Periodicals Seafarers Log