McKAY RESIGNS AT AMO

McKAY RESIGNS AT AMO

From the latest postings on AMO website.

Bethel named president as McKay resigns; AMO board launches effort to recover union funds

Michael McKay today resigned as national president of American Maritime Officers following his January 5 conviction on multiple felony counts in U.S. District Court for the Southern District of Florida in Fort Lauderdale.


To fill the vacancy, the AMO national executive committee -- acting under its authority as provided in the American Maritime Officers National Constitution -- named Thomas Bethel to complete McKay’s term in office, which began January 1.


AMO National Secretary-Treasurer Jose Leonard, AMO National Deep-Sea Vice President Joseph Gremelsbacker, AMO National Vice President At Large Edward Kelly and AMO National Great Lakes Vice President Daniel Smith supported Bethel in the unanimous action by the NEC. Bethel had served as AMO national executive vice president.


Meanwhile, members of the AMO national executive board announced that the board would file suit against McKay and his brother and co-defendant, former AMO National Secretary-Treasurer Robert McKay, to recover money obtained from AMO illegally by Michael McKay and Robert McKay -- both of whom were convicted of racketeering, embezzlement, conspiracy and fraud. The joint union-employer trustees of the AMO Pension, Medical, Vacation and Safety and Education Plans were said to be preparing a similar suit.


In addition, measures were taken to deny Michael McKay and Robert McKay access to union offices, other than to retrieve personal property.


Under federal law, a union official, representative or employee found guilty of any felony must resign his post immediately upon acceptance of the jury’s verdict by the presiding judge. But, in McKay’s case, the court reportedly agreed to allow McKay additional time in office pending sentencing in March 2007.


However, Bethel, Leonard and Smith were ready to initiate impeachment proceedings against McKay with the unanimous support of the national executive board of AMO had McKay not resigned. This action, which is provided for in Article XXIII of the AMO national Constitution, would have removed McKay from office and from AMO membership.


"The initial actions taken today by the national executive committee and national executive board will help AMO overcome the difficulties linked to the federal government’s prolonged investigation of AMO and the AMO Plans and the indictment, trial and conviction of Michael McKay and Robert McKay," Bethel said. "We take our fiduciary responsibilities seriously, and we will do whatever is necessary under U.S. law and regulation and the AMO National Constitution to protect AMO’s interests."


Bethel added: "This case caused deep division and concern within our ranks, but recovery and reconciliation are within reach. Meanwhile, I can assure AMO members everywhere that our union remains strong and financially sound. There is new but experienced and responsible leadership, and we as an administration remain committed to long-term job and benefit security for all AMO deep-sea, Great Lakes and inland waters members and their families.


"I look forward to working with everyone on the AMO national executive board and with AMO members in all areas and in all trades," Bethel concluded. "This administration offers accessibility and accountability, and I welcome all comments and questions."


-- January 8, 2007

Read more!

MEBA AND IOMMP = MOLA

MEBA AND IOMMP = MOLA


MERCHANT OFFICERS LABOR ALLIANCE
By And Between
MARINE ENGINEERS BENEFICIAL ASSOCIATION and
INTERNATIONAL ORGANIZATION OF MASTERS MATES AND PILOTS

This Agreement is made by and between District #1-Pacific Coast District,
Marine engineers Beneficial Association (:MEBA”) and International Organization
of Masters, Mates & Pilots (:IOMMP”).

Recitals:
MEBA and IOMMP represent United states Coast Guard licensed merchant officers who work Aboard U.S. flag commercial vessels in domestic and international commerce. MEBA and IOMMP also represent United States Coast Guard licensed civilian mariners working aboard Vessels operated by the United States government agencies, including the Military Sealift Command and the Army Corps of Engineers. Over the years MEBA and IOMMP have worked closely together for the mutual aid and protection of their respective members. Indeed, both organizations and their respective members have achieved considerable success when they
have worked in unison.

But, as separate labor organizations, each with their own history, structure and priorities, over the years MEBA and IOMMP also have worked in competition and at cross purposes with one another. Such divisions too often have resulted in disappointing results for both organizations and and their members.

In an ever-globalizing industry, MEBA and IOMMP believe it is in their best interest to forge a new, cooperative relationship predicated on inter-union coordination which to the fullest extentpossible, avoids competition and discord.


Accordingly, consistent with such objectives, and in accordance with the terms and conditions setforth herein , MEBA and IOPMMP hereby adopt and enter into this Maritime Labor Alliance.

Terms:

1. Establishment of Alliance and Effective Date: Effective the first day of the month following ratification of this Agreement by MEBA’s and IOMMP’s membership in accordance with each organizations established procedures as set forth in the constitutions and bylaws, there shall be established an alliance known as the Merchant’s Officers Labor Alliance (“MOLA”).
2. Purpose: MOLA shall exist for the purpose of forming and strengthening the fraternal relationship between MEBA and IOMMP so that both organizations may secure stronger contracts with increased job security for their respective members. MOLA shall strive to develop the framework for the eventual unification of the two organizations.
3. Governing Structure of MOLA: MOLA shall be governed by a Joint Operating Committee(“JOC”) consisting of six (6) Directors, three (3) of whom shall be appointed by MEBA (“MEBA Directors”), and three (3) of whom shall be appointed by IOMMP (“IOMMP Directors”), in accordance with each organizations established procedures.
4. Quorum: No action may be taken by the JOC with out a quorum. A quorum shall require
at least two (2) MEBA Directors and at least two (2) IOMMP Directors.
5. Ratification of Action and Deadlock Procedure: The MEBA Directors shall, collectively,
have one (1) vote and the IOMMP Directors likewise shall, collectively, have one (1) vote. All actions requiring a vote of the JOC Directors shall be deemed ratified only upon a vote Of 2-0. All actions requiring a vote of the JOC Directors that result in a vote of 1-1 shall beconsidered “deadlocked” and therefore not ratified. Any matter that results in a deadlock shall be referred to a two person Joint Oversight Board (“Joint Board”), consisting of the president of MEBA and IOMMP, respectively. The Joint Board shall have the power to resolve any deadlock in any manner as it is in its discretion deems appropriate provided that such resolution is based upon unanimous consent. In the event the Joint Board is unable to resolve the deadlock, then the matter shall remain ungratified and closed.
6. Responsibilities and Duties of JOC: The JOC shall meet periodically and as necessary in order to effectuate the purposes of MOLA. Its responsibilities and duties shall include the following.
A. Coalition Bargaining: The MEBA and IOMMP shall through the OC jointly negotiate the following commercial contracts with the following companies:
American Ship Management Central Gulf E-Ships
Horizon Lamont-Doherty Matson
Sulphur Carriers Maersk Waterman
Alaska Marine Highways Black Ball Transit WA. State Ferries
In addition, the MEBA and IOMMP through the JOC negotiate the following government contracts:
Patriot Contract Services Central Gulf Horizon
Matson Waterman
For future government contract bids, it is agree that the organizations will develop bilateral agreements for the specific government solicitations in which employers of both organizations plan to submit proposals. To the extent practicable, said bilateral agreements for government contracts shall be structured so as to permit cross shipping of the members between the two organizations. Further the organizations will support and encourage the re-establishment of the “Tripartite Agreement” The JOC may also recommend to the MEBA and IOMMP executive boards which collective bargaining contracts would be appropriate for coalition bargaining by the two organizations. Collective bargaining contracts designated and approved for coalition bargaining shall hereafter be referred to as “Coalition Contracts”, and the joint negotiating teams of such Coalition Contracts designated by MEBA and IOMMP shall hereafter be referred to as “Joint Negotiating Committees” or “JNC’s”. Each JNC shall formulate bargaining proposals and strategies. Each JNC shall also develop appropriate ground rules to carry on negotiations from start to completion. MEBA and IOMMP agree that they will actively support each other throughout all Coalition Contract negotiations. To this end, MEBA and IOMMP and their appointed JNC members will not unilaterally make any bargaining proposals to the employer, will not sign or otherwise reach any agreement with the employer until both organizations have reached satisfactory agreements, and will not allow any of it’s members to cross or work behind the other organization’s picket lines.
B. Maritime Security Program: For vessels covered by the Maritime Security Program or its successor programs, MEBA and IOMMP shall cooperate and coordinate their efforts directly, and through the JOC, to retain to retain their respective positions aboard, and collective bargaining agreements covering, vessels currently in the program as well as new vessels transferred into the Maritime Security Program or its successor programs to replace each vessel. The JOC shall continue existing “pass through” agreements and/or develop new “pass through” agreements or “cross shipping” mechanisms to achieve this objective.
C. Non-Competition Agreement: Except as otherwise mutually agree and/or provided herein, no organization shall provide licensed personnel, licensed personnel labor rate bids and/or contract proposals to employers to fill positions held by the other organization.
D. Joint Organizing: The JOC shall recommend to the MEBA and IOMMP executive boards appropriate targets for joint campaigns. Upon approval of such joint organizing targets, the JOC, shall formulate and submit a detailed organizing strategy for approval by MEBA and IOMMP. Upon approval of a joint organizing target by MEBA and IOMMP, the JOC shall commence an organizing campaign directly on behalf of MEBA and IOMMP and MOLA.
E. Joint Services: The JOC shall review and make specific recommendations to the executive boards of MEBA and IOMMP regarding ways in which the two organizations may efficiently and economically streamline their administrative and support functions. As an example MEBA and IOMMP have pooled resources to ship jobs in Jacksonville, FL. Out of the same hiring hall. In Puerto Rico,. One hiring hall jointly ships night engineers and night mates. It is the desire of MEBA and IOMMP to provide single hiring halls in Norfolk and Tampa when conditions are appropriate. It is the desire of both parties to examine the possibilities of merging larger hiring halls taking into account ownership of the current halls and the convenience for the local membership. Other joint service reviews and recommendations may relate to the viability of sharing and/or combing other port offices, headquarters and training facilities.
F. Joint Administration: It is the desire of MEBA and IOMMP to reduce the cost of lobbying efforts by combining the resources of MIRAID (the legislative offices of IOMMP)and AMC (the MEBA legislative office) if permitted by the respective boards of these organizations. Additionally the JOC shall review and make specific recommendations to the executive boards of the MEBA and IOMMP regarding the feasibility of seeking joint administration of the two organization’s multiemployer medical, vacation and training plans. In authorizing such a review and report, however, neither MEBA or IOMMP endorse the combining or merger of any plan assets from any of the multiemployer plans related to their respective organizations. Furthermore, MEBA and IOMMP hereby pledge that no such combination or merger shall take place unless and until each organization’s members who are participants in such plans ratify such action in separate, secret ballot votes.
G. Shipping Rules: The JOC shall review and report to the executive boards of MEBA and IOMMP regarding the differences and similarities of the MEBA’s and IOMMP’s shipping rules. Such report shall also contain specific recommendations regarding ways which MEBA and IOMMP can better implement “cross shipping” and “pass through” agreements, perhaps through the establishment of a universal shipping card and the adoption of appropriate rules regarding the dispatch of jobs covered by a universal shipping card.
H. Drafting Committee: The JOC shall appoint a unification agreement drafting committee (“Drafting Committee”) consisting of not more than two representatives from each organization, which may include JOC Directors, to prepare a draft unification agreement. Said draft agreement shall be presented to the JOC within three months from the date of execution of this agreement. Upon presentation of the draft to the JOC, the JOC shall establish a further timeline for the revision or completion of the draft. Said draft shall be advisory only. Any subsequent unification agreement shall be subject to the ratification of each organization’s members in separate, secret ballot votes.
I. Other: The JOC shall be vested with and exercise such additional duties and responsibilities as may be jointly delegated by MEBA and IOMMP.
7. Mutual Cooperation Between MEBA and IOMMP: MEBA and IOMMP shall cooperation with one another to effectuate the terms of this Agreement, and hall continue to identify and develop mutually beneficial methods and strategies involving, for example, legislative and governmental policies, bidding for future government contracts, and jurisdictional divisions.
8. Amendment and Termination: This agreement may be amended only upon a majority vote of MEBA’s and IOMMP’s respective executive boards and written confirmation by both organizations. This agreement may be terminated by either party upon ninety (90) days advance written notice to the other.

AGREED and ACCEPTED this 14th day of December 2006

original document signed by Presaidents of MEBA and IOMMP

Read more!