Volume 45, Number 4 April 2015 Keel laid for APT tanker Lone … · piece of steel used to build...

Volume 45, Number 4 April 2015

Copyright © 2015 American Maritime Officers ■ [email protected]

Page 6: Captain Don Pigott, master on the USNS Pililaau,received a message from Commodore Paul Harvey, MSC Far East,commending the ship’s officers and crew for their “short-notice,yet flawless, execution of Exercise Cobra Gold.”

Crew of USNS Pililaau commendedfor service in Cobra Gold 2015

Page 7: AMO and AMOS participated in the sixth annual MaritimeIndustry Congressional Sail-In in March, during which labor andindustry representatives conducted more than 100 meetings on CapitolHill with members of the House and Senate and their staff members.

Sail-In supports laws and programscrucial to U.S. merchant marine

AMO National Constitution included in this edition

Keel laid for APT tanker Lone Star StateThe following article was released

March 6 by General Dynamics NASS-CO. American Maritime Officers willrepresent all licensed officers aboardthe tankers being built for AmericanPetroleum Tankers by GeneralDynamics NASSCO.

SAN DIEGO — General DynamicsNASSCO hosted a keel laying ceremonyfor the first ECO tanker for AmericanPetroleum Tankers (APT) under con-struction at the company’s shipyard inSan Diego. San Diego’s First Lady,Katherine Faulconer, was the honoree forthe ceremony.

San Diego’s first lady authenticat-ed the keel of the first ECO tanker forAPT by welding her initials onto a steelplate during the ceremony. The steelplate with her initials will be permanent-ly affixed to the ship’s keel and willremain with the vessel throughout itstime in service. Her husband, San DiegoMayor Kevin Faulconer, who was pre-sent at today’s ceremony, cut the firstpiece of steel used to build the ship dur-ing the vessel’s start of construction cer-emony in September 2014.

The ECO tanker is the first of afive-tanker contract between GeneralDynamics NASSCO and APT, whichcalls for the design and construction offive 50,000 deadweight ton, LNG-con-version-ready product carriers with a330,000 barrel cargo capacity. The 610-foot-long tankers are a new “ECO”design, offering improved fuel efficiency,and include the latest environmental pro-tection features, including a ballast watertreatment system.

The five-tanker APT contract,along with NASSCO’s existing backlog,will sustain its current workforce of morethan 3,800 and has added approximately300 jobs at NASSCO.

“NASSCO is pleased to continueour commitment as good environmentalstewards by building the most energy-efficient tankers in the Jones Act fleetand in helping to sustain and grow high-ly-skilled jobs right here in San Diego,”said Kevin Graney, vice president andgeneral manager of General DynamicsNASSCO.

Photo: General Dynamics NASSCO

FY 2014 Report Card: Investment returns surpassexpectations for defined benefit AMO Pension Plan

In fiscal year 2014, investmentreturns for the defined benefit AmericanMaritime Officers Pension Plan surpassedexpectations for the third consecutive fis-cal year.

For the fiscal year that endedSeptember 30, 2014, the AMO PensionPlan realized a total return on investmentsof 10.1 percent, exceeding both theassumed rate of return of 7.5 percent usedby the Plan’s actuary, Horizon ActuarialServices, and the rate of return that wouldhave been produced by meeting the bench-marks for the various investment classes.

The performance of the Plan’sinvestments in fiscal 2014 continued to bestrong overall despite a slightly sub-paryear for the asset classes of Commoditiesand International Equities, which com-pose less than 10 percent of the total Plan

assets. It was a choppy year in the invest-ment markets with seven of the 12 monthsshowing positive or negative returns of 2percent or more, with September, the lastmonth of our fiscal year, showing adecline of 2.6 percent.

As of October 1, 2014, the definedbenefit AMO Pension Plan was approxi-mately 70.5 percent funded based on thepreliminary market value of the Plan’sassets — approximately $390.6 million —and the projected value of the Plan’saccrued liabilities — approximately$554.0 million.

During fiscal year 2014, the Plan paidapproximately $33.8 million in monthlybenefits to participants and survivors.

The Plan remains in the “YellowZone” (endangered status) as defined bythe Pension Protection Act of 2006.

Working with Horizon, the Plan’sjoint union-employer trustees continue toexamine options for advancing the Plan tothe Pension Protection Act’s “GreenZone” (80 percent funded), as well asoptions to bring the Plan to full-fundedstatus, which would then allow full contri-bution rates for the separate AMO DefinedContribution Plan to be implemented forall participants.

It will always remain the intent ofthe trustees to preserve the “20 and out”retirement option with monthly benefitsfrom the defined benefit AMO PensionPlan. This is an important retirementoption for AMO members, but it alsoincreases the Plan’s projected liabilities,and therefore negatively impacts thePlan’s funding status from year to year.

The Plan has progressed significant-

ly over the past few years. In fiscal year2011, the Plan was funded at a level of57.9 percent, with $504 million in accruedliabilities and assets valued at $292 mil-lion. In fiscal year 2014, the Plan had pro-gressed to a funding level of approximate-ly 70.5 percent, with $554 million inaccrued liabilities and assets valued at$390.6 million.

The AMO Pension Plan Board ofTrustees will continue to keep all Plan par-ticipants informed of any developments asthey may occur.

The following is a breakdown ofthe performance of the AMO PensionPlan’s investments in fiscal year 2014.

The overall performance of theAMO Pension Plan’s investments is mea-

See Lone Star State ◆ Page 5

See Pension Plan ◆ Page 3

2 • American Maritime Officer April 2015

House Armed Services leaders seek full funding for MSPThe following letter was sent in

March to Rep. Mario Diaz-Balart (R-FL),chairman of the Subcommittee onTransportation, Housing and UrbanDevelopment, and Related Agencies of theCommittee on Appropriations, and DavidPrice (D-NC), ranking member on the sub-committee, by Rep. William “Mac”Thornberry (R-TX), chairman of the ArmedServices Committee in the House ofRepresentatives, and Rep. Adam Smith (D-WA), ranking member on the committee.

We are writing to request that $186million for the Maritime Security Program(MSP) be included in the FY 2016Departments of Transportation, Housingand Urban Development, and RelatedAgencies Appropriations Bill. This is theamount necessary to ensure that the U.S.Maritime Administration, in conjunctionwith the Department of Defense, has thefunds available to fully implement theMSP. It is the same amount appropriatedby Congress for the program in FY 2015and authorized in law.

The MSP was originally enacted toensure that the United States has the U.S.-flag commercial sealift capability andtrained U.S. citizen merchant marinersavailable to crew the government and pri-vately-owned vessels needed by the

Department of Defense in time of war orother international emergency. Mostimportantly, the Maritime SecurityProgram and the uninterrupted operationof its maritime security fleet of 60 U.S.-flag, militarily-useful commercial vesselsensures that our country will be able tosupport and supply our troops overseas. Itguarantees that American-flag vessels andAmerican crews will continue to be avail-able to transport the supplies and equip-ment our troops need to do their job inbehalf of our nation.

It is extremely important to note thatthe failure to approve the requested fund-ing for the Maritime Security Programwill not only put American troops at risk,but will weaken America’s overall securi-ty interests and will cost the American tax-payer significantly more than the amountrequested for FY 2016. Our country wouldbe faced with the option of giving foreign-flag shipping interests and their foreignmariners, interests who may not shareAmerica’s goals, objectives and values,the responsibility for supporting andadvancing America’s security interestsoverseas. These foreign-flag shipping ser-vices will have to be paid for by theUnited States and it means our countrywill be encouraging the outsourcing of

American maritime jobs as we spend tax-payer dollars on foreign-flag ships andtheir foreign crews.

The Department of Defense has longrecognized the value of a vibrant U.S.-flagfleet and mariner workforce to our nationalsecurity. In a March 6, 2013 hearing of theHouse Armed Services Committee,General William M. Fraser III (USAF) tes-tified that, “the loss of mariner jobs, accessto the related intermodal logistics networksthese companies provide, and potentialloss of competition in certain trade routesmay degrade our current support to forcesdeployed overseas and likely increasetransportation costs to the government,”and that, “USTRANSCOM relies heavilyon the significant capabilities the U.S.-flagcommercial sealift industry contributes toour nation.” General Fraser further testi-fied that “MSP has been an extremely suc-cessful program since its inception in themid-1990s” and noted that MSP vesselparticipants would provide “over 70 per-cent” of the sealift capacity needed intimes of national emergency.

A report prepared for the NationalDefense Transportation Association con-cluded that “the likely cost to the govern-ment to replicate just the vessel capacityprovided by the MSP dry cargo vessels

would be $13 billion.” In addition, theUnited States Transportation Commandhas estimated that it would cost the U.S.Government an additional $52 billion toreplicate the global intermodal system thatis made available to the Department ofDefense by MSP participants who arecontinuously developing, maintaining andupgrading their systems. In contrast, thecommercial maritime industry, throughthe MSP, will provide the Department ofDefense with these same vessels and glob-al intermodal system at a cost to the tax-payer of $186 million annually, a fractionof what it would cost our government todo the job itself.

In closing, we again ask that yousupport this highly efficient and low-costpublic-private partnership by including$186 million in your Subcommittee’s FY2016 appropriations legislation in order tofully implement the MSP. In so doing, youwill be saving U.S. taxpayers billions ofdollars because the Department ofDefense will be able to utilize privately-owned U.S.-flag vessels to meet its com-mercial sealift requirements rather thanbuying and maintaining this capability onits own.

Thank you for your consideration ofthis request.

American Maritime Officer(USPS 316-920)

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Key indicators point to sustainedgrowth and security for AMOBy Paul DoellNational President

There wasgood news on sev-eral fronts forA m e r i c a nMaritime Officersas this publicationneared press time.

Our unionclosed the firstquarter of the cal-endar year with anoperating budgetsurplus resulting from three factors:increased membership dues receiptsthrough direct payment and throughauthorized dues deductions from AMOVacation Plan benefits; a substantial six-figure saving in salaries, benefits andexpenses from payroll attrition as ofJanuary 1; and a responsible, continuingcost containment strategy adopted unani-mously by the AMO National ExecutiveBoard — including top-tier administrativesalary adjustments.

On the AMO Plans side of SouthFederal Highway in Dania Beach, thedefined benefit AMO Pension Plan —frozen in December 2009 as a deficient“red zone” plan as defined in the federalPension Protection Act of 2006 — recorded

an investment return of 10.1 percent in fis-cal year 2014 — the third consecutive yearin which investment growth surpassedexpectations. On October 1, 2014, theAMO Pension Plan — now in the PensionProtection Act’s “yellow zone” — wasfunded at just over 70 percent, compared to57.9 percent in fiscal 2011. Actuarialassumptions suggest that the AMO PensionPlan could be funded at 80 percent and inthe Pension Protection Act’s “green zone”within two years. The joint union-employertrustees of the AMO Pension Plan will con-tinue to track this progress closely with thePlan’s actuaries and money managers,especially under current conditions in fick-le investment markets.

On the job front, additional ships areactivating for service in key deep-seatrades, and Great Lakes vessel operatorsare fitting out their fleets for a shippingseason delayed again by extreme winterweather and ice-clogged ports and chan-nels. These developments mean morework for AMO members and renewedemployer contributions to the AMO bene-fit funds serving all AMO members andtheir families.

As always, legislative legwork andregulatory advocacy in Washington arecritical not only to AMO, but to all mar-itime labor and industry interests in allinternational and domestic shipping mar-

kets. The Maritime Security Program,U.S.-flag cargo preference applied tointernational food aid and to U.S. Export-Import Bank shipments, and the Jones Actare the current front lines.

On April 1, AMO hired JohnRothrock — a highly qualified and moti-vated legislative and procedural authoritywho knows our issues intricately — toserve as our union’s legislative directorand to work with Mike Murphy andChristian Spain on regulatory matters aris-ing within the Maritime Administration inthe Department of Transportation, theU.S. Coast Guard, Military SealiftCommand and other federal agencies. Wewill introduce John to you officially in ournext issue.

Meanwhile, American MaritimeOfficers is gearing up for substantialexpansion of the Jones Act dry cargo andtanker fleets plying coastal waters — fleetgrowth that will benefit AMO exclusivelyin terms of new jobs and new employercontributions to AMO Plans.

On April 1, AMO was awaitingimminent delivery of the first ship provid-ing this new work — the combinationcontainer/roll-on, roll-off ship Marjorie C,built for Pasha Hawaii at VT HalterMarine in Pascagoula, Mississippi for ser-vice under AMO contract between theU.S. mainland West Coast and Hawaii.

Later this month, TOTE willlaunch and christen the first of two con-tainerships ordered from GeneralDynamics NASSCO in San Diego foroperation between Florida and PuertoRico. This will be the first ship of itskind anywhere in the world to be pow-ered by liquefied natural gas, and thesecond ship will be LNG fueled as well.AMO will be aboard both vessels in alllicensed positions.

NASSCO is busy as well with theconstruction of five product tankers forAmerican Petroleum Tankers and theconstruction of three tankers for SEA-Vista LLC. AMO members will fill all ofthe licensed jobs on all of these JonesAct vessels, with the first wave antici-pated later this year.

Back in Pascagoula, VT HalterMarine is building two combination con-tainer/roll-on, roll-off ships for operationin Jones Act trade by CrowleyMaritime’s liner services division, andthese ships will be staffed by AMO in alllicensed positions.

All of this new work and other devel-oping opportunities are made possible byAMO’s sustained reputation for profession-al excellence at sea, no matter what the job.I know I speak for everyone on the AMONational Executive Board when I extendsincere thanks and appreciation to each andevery U.S. merchant marine officer we areprivileged to represent.

As always, I encourage your com-ments and questions — feel free to callme on the headquarters office line at954-921-2221 or on my personal cell at954-881-5651.

American Maritime Officer • 3April 2015

USNS Wheat supports cargo operations for U.S. Marine Corps

The USNS LCPL Roy M. Wheat, usually maintained in reduced operating status (ROS), recently completed three weeks in full operating status (FOS). Aftercrewing up, the vessel shifted to the cargo berth at the U.S. Marine Corps Supply Facility at Blount Island in Jacksonville, Fla., where the ship was involvedin cargo operations in support of the U. S. Marine Corps. AMO officers aboard (above left) included, from left to right, Third Mate Robert Belfield, CaptainMark Richardson, Chief Mate Paul Davis, First Assistant Engineer Julian Rozier, Second Mate David Boulanger, Second A.E. Eric Hyson, Third A.E. ThomasGay, Third A.E. Christian Ladner and Chief Engineer James Orlanda. The USNS Wheat is operated for Military Sealift Command by Maersk Line, Limitedand is manned in all licensed positions by American Maritime Officers.

By Captain Mark RichardsonMaster, USNS LCPL Roy M. Wheat

Pension PlanContinued from Page 1sured by “benchmarks” assigned by theinvestment advisor to the various assetclasses held by the Plan. Benchmarks arethe average rates of performance of assetclasses as gauged by several indexes.

Had the Plan’s investments in fiscal2014 met the assigned benchmarks, thetotal return for the year would have been

10.0 percent. As the performance of thePlan’s investments outperformed bench-marks in two of the three major asset clas-sifications, the total return for fiscal 2014was 10.1 percent.

The AMO Pension Plan’s equityholdings — large-cap, mid-cap and small-cap stocks — generated a positive returnof 16.52 percent surpassing the bench-mark of 16.37 percent by 0.15 percent.

The AMO Pension Plan’s fixedincome holdings — core bonds, short-

term treasuries, global bonds, high yieldbonds, floating rate bonds and TIPS —generated a positive return of 3.82 percentsurpassing the benchmark of 3.34 percent.

Other investment asset classes,which are not correlated to the U.S. mar-kets — international equities, emergingmarket equities, commodities and realestate investment trusts — returned 2.42percent to the Plan, which was lower thanthe benchmark of 3.68 percent for theseinvestments.

The Plan currently has 53.8 percentof its assets in equity holdings, 32.3 per-cent of its assets in fixed income holdingsand 13.9 percent of its assets in otherinvestment asset classes.

Nine of the Plan’s 18 investmentmanagers surpassed benchmarks in theirrespective asset classes in fiscal 2014. Sixadditional managers missed their bench-marks by less than 1.5 percent, with theremaining three missing their benchmarksby less than 5.0 percent.

AMO comments on U.S. Coast Guard proposedrulemaking: Seafarers’ Access to Maritime Facilities

American Maritime Officers submit-ted comments for the record on the U.S.Coast Guard’s proposed rulemaking onSeafarers’ Access to Maritime Facilities.The Coast Guard received a total of 145comments on its proposal, the commentperiod for which closed February 27.

In summary, the Coast Guard isproposing a regulation to require eachowner or operator of a facility regulatedby the Coast Guard to implement a systemthat provides seafarers and other individ-uals with access between vessels mooredat the facility and the facility gate in atimely manner and at no cost to the sea-farer or other individual.

The American Maritime Officers rep-

resents licensed deck and engine officers inforeign trade, coastal trade, the Great Lakesand inland waterways.

The proposed regulation onSeafarer’s Access to Maritime Facilitieswill affect all of our members and weappreciate the U.S. Coast Guard’s effortin preparing this document. We alsoappreciate the many stakeholders whosubmitted comprehensive comments sup-porting this regulation.

We are generally satisfied that the keyelements are addressed guaranteeing accessto seafarers, welfare and labor organiza-tions, and other persons conducting legiti-mate business with a vessel. However, wecontinue to be concerned about the interpre-

tation of “timely access without unreason-able delay” and “at no cost” and will discussthem further in our answers to the specificquestions asked in the notice.

Answers to the specific questionsasked in the notice are:

1. Implementation. We concur that1 year to implement is appropriate. Whilewe would prefer to see changes immediate-ly, we recognize the time involved torewrite FSPs and for the Coast Guard toapprove them.

2. Individuals Covered. We feelthe “Individuals Covered” as proposed for33 CFR 105.237 (b) is generally suffi-cient, except the restriction that allowsonly a seafarer’s family members to visit

them. We believe seafarers should be ableto have visitors in general with the respon-sibility for vetting placed on the VesselSecurity Officer. One has to put them-selves in the position of the seafarer on avessel away from home and family forlong periods of time. A visit from a friend,or friend of the family, in an unfamiliar orforeign port can be a tremendous moralebooster and adds to the quality of life thatwe need to promote in order to recruit andretain seafarers.

3. Timely Access. As noted earlier,we have a specific concern about the phrase“timely access without unreasonable delay.”

See Seafarers’ Access ◆ Page 6


This committee has jurisdiction over military and national defense aspects of theU.S. merchant marine, including the defense-related applications of the Jones Act, theMaritime Security Program, and budgets for military sealift.

Republican members of this committee (in the majority) are: ChairmanJohn McCain, Arizona; James Inhofe, Oklahoma; Jeff Sessions, Alabama; RogerWicker, Mississippi; Kelly Ayotte, New Hampshire; Deb Fischer, Nebraska; TomCotton, Arkansas; Mike Rounds, South Dakota; Joni Ernst, Iowa; Thom Tillis,North Carolina; Dan Sullivan, Alaska; Mike Lee, Utah; Lindsey Graham, SouthCarolina; and Ted Cruz, Texas.

Democratic members of this committee, and members caucusing withthe Democratic members, are: Ranking Member Jack Reed, Rhode Island;Bill Nelson, Florida; Claire McCaskill, Missouri; Joe Manchin III, WestVirginia; Jeanne Shaheen, New Hampshire; Kirsten Gillibrand, New York;Richard Blumenthal, Connecticut; Joe Donnelly, Indiana; Mazie Hirono,Hawaii; Tim Kaine, Virginia; Martin Heinrich, New Mexico; and IndependentAngus King, Maine.

114th CongressCommittee assignments:House of Representatives

Committee assignments:Senate

Several committees in the U.S. House of Representatives have jurisdiction overlegislative issues that directly or indirectly affect the U.S. merchant marine andAmerican merchant mariners. Among these committees are the Ways and MeansCommittee, which has jurisdiction over issues of trade and taxation, the AgricultureCommittee, which has jurisdiction over legislation involving food-aid programs relat-ed to U.S. cargo preference laws, and the Appropriations Committee, which has juris-diction over funding for programs and projects authorized by law. The Transportationand Infrastructure Committee and the Armed Services Committee have jurisdictionover legislative issues that directly affect the U.S. merchant marine and its roles innational security, defense sealift and commerce.

The following are the assignments in the 114th Congress for these two committees.An online tool to identify the Congressional representative for your district, as well asmore information on committee assignments, are available at www.house.gov.

Several committees in the U.S. Senate have jurisdiction over legislative issuesthat directly or indirectly affect the U.S. merchant marine and American merchantmariners. Among these committees are the Finance Committee, which has jurisdictionover issues of trade and taxation, the Agriculture, Nutrition and Forestry Committee,which has jurisdiction over legislation involving cargo preference laws and programs,and the Appropriations Committee, which has jurisdiction over funding for programsand projects authorized by law. The Commerce, Science and TransportationCommittee and the Armed Services Committee have jurisdiction over legislativeissues that directly affect the U.S. merchant marine and its roles in national security,defense sealift and commerce. The following are the assignments in the 114th Congressfor these two committees.

An online tool to identify the senators for your state, as well as more informationon committee assignments, are available at www.senate.gov.

This committee has broad jurisdiction over national transportation issues,policies and projects. Among the specific areas under the jurisdiction of thiscommittee and its subcommittees are the U.S. merchant marine (with the excep-tion of national security aspects), economic aspects of the Jones Act, improve-ment of U.S. harbors, inland waterways, inspection of merchant marine vessels,rules and regulations to prevent collisions at sea, pollution issues for U.S. navi-gable waters, transportation infrastructure and transportation labor.

Republican members of this committee (in the majority) are: ChairmanBill Shuster, Pennsylvania; Don Young, Alaska; John J. Duncan, Tennessee;John Mica, Florida; Frank LoBiondo, New Jersey; Sam Graves, Missouri;Candice Miller, Michigan; Duncan Hunter, California; Andy Harris, Maryland;Rick Crawford, Arkansas; Lou Barletta, Pennsylvania; Blake Farenthold, Texas;Bob Gibbs, Ohio; Richard Hanna, New York; Daniel Webster, Florida; JeffDenham, California; Reid Ribble, Wisconsin; Thomas Massie, Kentucky; TomRice, South Carolina; Mark Meadows, North Carolina; Scott Perry,Pennsylvania; Rodney L. Davis, Illinois; Mark Sanford, South Carolina; RobWoodall, Georgia; Todd Rokita, Indiana; John Katko, New York; Brian Babin,Texas; Cresent Hardy, Nevada; Ryan Costello, Pennyslvania; Garret Graves,South Carolina; Mimi Walters, California; Barbara Comstock, Virginia; CarlosCurbelo, Florida; David Rouzer, North Carolina; and Lee Zeldin, New York.

Democratic members of this committee are: Ranking Member PeterDeFazio, Oregon; Eleanor Holmes Norton, District of Columbia; Jerrold Nadler,New York; Corrine Brown, Florida; Eddie Bernice Johnson, Texas; ElijahCummings, Maryland; Rick Larsen, Washington; Mike Capuano, Massachusetts;Grace Napolitano, California; Daniel Lipinski, Illinois; Steve Cohen, Tennessee;Albio Sires, New Jersey; Donna Edwards, Maryland; John Garamendi,California; Andre Carson, Indiana; Janice Hahn, California; Rick Nolan,Minnesota; Ann Kirkpatrick, Arizona; Dina Titus, Nevada; Sean PatrickMaloney, New York; Elizabeth Esty, Connecticut; Lois Frankel, Florida; CheriBustos, Illinois; Jared Huffman, California; and Julia Brownley, California.

The Subcommittee on Coast Guard and Maritime Transportationaddresses regulatory and other issues directly affecting the U.S. merchantmarine. Rep. Duncan Hunter is the chairman of the subcommittee. Rep. JohnGaramendi is the ranking Democrat.

Transportation and Infrastructure Committee

This committee has jurisdiction over military and national defense aspects of theU.S. merchant marine, including the Maritime Security Program, defense-relatedapplications of the Jones Act and budgets for military sealift.

Republican members of this committee (in the majority) are: ChairmanWilliam “Mac” Thornberry, Texas; Walter B. Jones, North Carolina; RandyForbes, Virginia; Jeff Miller, Florida; Joe Wilson, South Carolina; FrankLoBiondo, New Jersey; Rob Bishop, Utah; Mike Turner, Ohio; John Kline,Minnesota; Mike Rogers, Alabama; Trent Franks, Arizona; Bill Shuster,Pennsylvania; Mike Conaway, Texas; Doug Lamborn, Colorado; Rob Wittman,Virginia; Duncan Hunter, California; John Fleming, Louisiana; Mike Coffman,Colorado; Chris Gibson, New York; Vicky Hartzler, Missouri; Joe Heck, Nevada;Austin Scott, Georgia; Steven Palazzo, Mississippi; Mo Brooks, Alabama; RichNugent, Florida; Paul Cook, California; Jim Bridenstine, Oklahoma; BradWenstrup, Ohio; Jackie Walorski, Indiana; Bradley Byrne, Alabama; Sam Graves,Missouri; Ryan Zinke, Montana; Elise Stefanik, New York; Martha McSally,Arizona; Steve Knight, California; and Tom MacArthur, New Jersey.

Democratic members of this committee are: Ranking Member AdamSmith, Washington; Loretta Sanchez, California; Bob Brady, Pennsylvania;Susan Davis, California; James Langevin, Rhode Island; Rick Larsen,Washington; Jim Cooper, Tennessee; Madeleine Bordallo, Guam; Joe Courtney,Connecticut; David Loebsack, Iowa; Niki Tsongas, Massachusetts; JohnGaramendi, California; Hank Johnson, Georgia; Jackie Speier, California; JoaquínCastro, Texas; Tammy Duckworth, Illinois; Scott Peters, California; Marc Veasey,Texas; Tulsi Gabbard, Hawaii; Tim Walz, Minnesota; Beto O’Rourke, Texas;Donald Norcross, New Jersey; Ruben Gallego, Arizona; Mark Takai, Hawaii;Gwen Graham, Florida; Brad Ashford, Nebraska; Seth Moulton, Massachusetts;and Pete Aguilar, California.

Armed Services Committee

Commerce, Science and Transportation Committee

This committee has broad jurisdiction over national transportation issuesand policies. Among the specific areas under this committee’s jurisdiction are themerchant marine and navigation, inland waterways (with the exception of con-struction), marine and ocean navigation (safety, transportation and navigationalaspects of deepwater ports), transportation, and the commerce and transportationaspects of Outer Continental Shelf lands.

Republican members of this committee (in the majority) are: ChairmanJohn Thune, South Dakota; Roger Wicker, Mississippi; Roy Blunt, Missouri;Marco Rubio, Florida; Kelly Ayotte, New Hampshire; Dean Heller, Nevada; TedCruz, Texas; Deb Fischer, Nebraska; Dan Sullivan, Alaska; Jerry Moran, Kansas;Ron Johnson, Wisconsin; Cory Gardner, Colorado; and Steve Daines, Montana.

Democratic members of this committee are: Ranking Member BillNelson, Florida; Maria Cantwell, Washington; Claire McCaskill, Missouri; AmyKlobuchar, Minnesota; Richard Blumenthal, Connecticut; Brian Schatz, Hawaii;Ed Markey, Massachusetts; Cory Booker, New Jersey; Tom Udall, New Mexico;Joe Manchin, West Virginia; and Gary Peters, Michigan.

Armed Services Committee

AMO aboard M/V Resolve in theMaritime Security Program fleet

Members of American Maritime Officers working aboard the M/V Resolve inthe Maritime Security Program fleet in January, here in Galveston, Texas,included Third Assistant Engineer Jeff Hawkins, First A.E. Robert Daly,Chief Engineer Paul Beucler and Second A.E. Ryan Bramhan. With themare AMO National Vice President, Inland Waters, David Weathers and AMONational Assistant Vice President Dan Robichaux.


The shore of Lake Michigan near Muskegon, Mich. on March 13, 2015.

Shipping season begins on Great LakesAt peak, total icecover falls shortof 2014, createssome delays atstart of season

The evening of March 25, the thou-sand-footer M/V Edwin H. Gott was the firstvessel through the locks at Sault Ste. Marie,Mich. for the 2015 shipping season on theGreat Lakes following an attempt the samemorning that was thwarted by ice in thelock. The M/V Roger Blough was the sec-ond vessel through the locks.

Earlier the same week, the Ports ofDuluth and Superior opened and the John

G. Munson carrying a load of iron ore wasthe first bulk carrier to sail through the har-bor. The Gott, Blough and Munson are oper-ated by Key Lakes. American MaritimeOfficers represents the licensed officers andstewards aboard the Munson and thelicensed engineers and stewards aboard theGott and Blough.

According to National Oceanic andAtmospheric Administration statistics, totalice cover on the Great Lakes reached 83.7percent on March 6, 2015, falling short ofthe 92.5 percent total ice cover recorded onMarch 6, 2014.

A warming trend in March brought arapid decline in ice cover in several areas onthe Great Lakes. As of March 26, the totalice cover on the Lakes had declined to 51.2percent, compared with 74.3 percent on thesame date in 2014, according to NOAA.

Ice still presents challenges to ship-ping early in the season, and sailings of sev-eral vessels were delayed in March as theU.S. and Canadian Coast Guards continuedicebreaking operations.

First day of fit-out aboard M/V Edwin H. Gott

The M/V Edwin H. Gott at the Port of Milwaukeeduring the first day of fit-out on March 12 —American Maritime Officers represents thelicensed engineers and stewards aboard the ves-sel, which is operated by Key Lakes.

AMO members working aboard the M/V Edwin H.Gott in March included Steward Ryan Hicks.

AMO members working aboard the M/V Edwin H.Gott in March included First Assistant EngineerMichael Kolenda, Third A.E. David Clifford andChief Engineer Scott McPherson. With them isAMO Senior National Assistant Vice PresidentBrian Krus.

Lawmakers urged to ensure dredging operations arefunded at increased levels under water resources law

The following is excerpted from let-ters dated March 17 and 18 and sent toRep. Hal Rogers (R-KY), chairman of theAppropriations Committee, Rep. NitaLowey (D-NY), ranking member on thecommittee, Rep. Mike Simpson (R-ID),chairman of the Subcommittee on Energyand Water Development and RelatedAgencies, and Rep. Marcy Kaptur (D-OH), ranking member on the subcommit-tee. A total of 87 members of the House ofRepresentatives participated in makingthe request contained in the letters.

Thank you for your efforts toincrease U.S. Army Corps of EngineersCivil Works program harbor maintenancefunding in your annual Energy and WaterDevelopment and Related Agencies(E&W) Appropriations Act.

We were particularly pleased to seethe President’s budget projected revenuefor Harbor Maintenance Trust Fund to beover $1.81 billion for Fiscal Year 2015. Itis with this increased activity that wewrite to request that the HouseAppropriations Committee hold the lineand allocate $1.25 billion for harbormaintenance in the House Fiscal Year2016 (FY16) bill, meeting the target thatis included in section 2101(b)(l)(B) of

Water Resources Reform andDevelopment Act (WRRDA) of 2014.The House supported the WRRDA con-ference report by a 412-4 vote and sup-ported increasing FY16 harbor mainte-nance funding to the WRRDA 2014 targetlevel of $1.2 billion, but ideally meetingthe target percentage of 69 percent andallocating $1.25 billion for FY16.

Enough Harbor Maintenance Tax(HMT) revenue is collected each year tomeet the nation’s annual authorized har-bor maintenance needs for harbors of allsizes. Unfortunately, harbors and naviga-tion channels are getting narrower andshallower due to accumulating sediment,dredged material disposal area capacityis declining, and harbor structures suchas breakwaters and jetties are deteriorat-ing due to inadequate funding.

The Army Corps of Engineers hasreported that nationwide authorizedchannel depths are available about halfof the time, and then only over half ofthe channel’s width. This drives up thecost of U.S. exports and imports, whichthreatens U.S. economic growth andincreases the risk of vessel groundingsand associated oil spills. Many U.S.exports compete in a very price-sensi-

tive global market where transportationinefficiencies mean losing business toother countries. Underutilization ofHMT revenue threatens the continuedoperation of small and medium sizedharbors, and some have closed due toinadequate maintenance.

Harbors and navigation channelsare a vital part of our nation’s transporta-tion infrastructure, and a reduction intheir capacity can have significantimpacts on local communities andeconomies. WRRDA 2014 recognizedboth the national need to increase harbormaintenance spending and the local andregional economic impacts of harbors of

different sizes and types of commerce.Full use of HMT is urgently needed

for safe and efficient freight transporta-tion and was desired by navigation stake-holders. Congress, through WRRDA,committed to achieve full use of HMTthrough incremental increases over a tenyear period. It is vitally important thatthis commitment be met.

We urge you to work with theSenate to craft a final FY16 E&WAppropriations bill that meets WRRDA2014’s FY16 harbor maintenance spend-ing target and allocation provisions.

Thank you for your considerationof this request.

Lone Star StateContinued from Page 1

The ships were designed byDSEC, a subsidiary of DaewooShipbuilding & Marine Engineering(DSME) of Busan, South Korea. Thedesign incorporates improved fuel effi-ciency concepts through several fea-tures, including a G-series MAN ME

slow-speed main engine and an opti-mized hull form. The tankers will alsohave dual-fuel-capable auxiliaryengines and the ability to accommodatefuture installation of a liquefied naturalgas (LNG) fuel-gas system.

The construction and operation ofthe new vessels are aligned with theJones Act, which requires that ships car-rying cargo between U.S. ports be built inU.S. shipyards.


Seafarers’ AccessContinued from Page 3First, the phrase, “without unreasonabledelay” is wide open to interpretation evenwhen using the “application of factors” andwe foresee waiting times trending to thetwo-hour limit rather than 30 minutes. Webelieve it should be clearly stated that 30minutes is the goal for “timely access” andthat an MTSA regulated facility would needto prove to the COTP why an exception tothis goal is necessary. We would not evenagree with a one-hour waiting time exceptin the most extreme circumstances. Even avessel in port for longer than normal stillhas seafarers with duties that restrict theirtime ashore.

4. Methods of Access. The meth-ods of access proposed in 33 CFR105.237(d) are adequate when paired witha reliable and verifiable backup plan.

However, we take issue with the statementin Table 2 — Cost Matrix, paragraph105.237(e) that Stipulates “at no cost tothe Individual.” Under Costs and Benefitsit states, “Costs may be passed to the ves-sel.” This statement needs clarificationspecifying that the costs of providingaccess are not to be a separate line item inthe billing of the vessel. These costs mustbe rolled into a general tariff charged to allships, otherwise vessel owners will bringpressure on the Master and crew not takeshore leave, which is a de facto denial ofshore leave that is almost impossible totrack or prove. Furthermore, we wouldstrongly encourage facilities to have for-mal arrangements with local welfare orga-nizations, where available, in order tofacilitate their participation. These organi-zations provide tremendous value for rela-tively little cost.

5. Non-Compliance Rate. Webelieve the 10.3 percent non-compliance

rate used in this analysis is low. However,we have not collected definitive data andonly have anecdotal information on whichto base our opinion.

6. Implementation Costs. Whilewe cannot make any substantive com-ments about the costs to implement thisproposal, we believe this action is longoverdue and cost should not be a factorwhen correcting a serious omission fromthe Facility Security Plans.

7. Alternative Methods. We do notagree with the four alternative methods ofimplementation. We feel the Coast Guard’sproposed method of implementation prop-erly addresses an issue that has not beensolved by less direct methods over the past10 years.

In addition to our comments above,we strongly support an informal proposalmade in the public meeting that we need aNavigation and Vessel Inspection Circular(NVIC), crafted with industry partners, to

provide practical guidance and promoteindustry best practices on facility security toaccompany this regulation.

Best Practices should address train-ing, vetting and vehicle clearance proce-dures. Every facility has a different regimento qualify a visitor for access. Best Practicescould provide confidence to a facility sothey do not feel the need for layering oroverlapping procedures to convince regula-tors that they are safe.

Our last comment addresses a com-mon industry practice where a MTSA reg-ulated facility requires a ship’s agent to actas sponsor for all individuals going to orfrom a ship. This is often a real impedi-ment to welfare and labor organizationsthat often visit more than one ship, but thevessels are serviced by different agents.Legitimate personnel should be clearedinto a facility and the Ship’s SecurityOfficer should control their access to theindividual vessel.

Officers, crew of USNS Pililaau commended forflawless execution of Exercise Cobra Gold 2015

Captain Don Pigott, master onthe USNS Pililaau, received the follow-ing message from Commodore PaulHarvey, Military Sealift Command FarEast. The large medium-speed roll-on/roll-off vessel (LMSR) is operatedfor MSC by General Dynamics

American Overseas Marine and ismanned in all licensed positions byAmerican Maritime Officers.

To Captain Pigott and crew of theUSNS Pililaau. I wanted to express myabsolute appreciation for your short-notice, yet flawless, execution of

Exercise Cobra Gold. Your ship wascalled upon at the last minute for thismission and you adapted and performedmarvelously. Your superb management ofcargo operations was unsurpassed and Iam especially grateful for your time anddedication to host and provide valuable

shipboard cargo training to a number ofU.S. Marines. Your efforts directly andsignificantly contributed to the overallsuccess of the exercise. You are true pro-fessionals who perfectly demonstrate themotto of MSC: We deliver. BZ on a jobexceptionally well done.

USNS Wheeler deploys LARC craft, provides aid on Pagan

By Captain John MansfieldMaster, USNS VADM K.R. Wheeler

The USNS VADM K.R. Wheeler in February deployed one of the vessel’s two lighter amphibious resupply cargo (LARC) crafts as part of a scheduledexercise. Students from the Brilliant Star Montessori School came to watch the LARC drive up the old seaplane ramp in Saipan. With the students areCapt. Robert Rochford, commander of Maritime Prepositioning Ships Squadron 3; ENS Janine Walsh, MPSRON 3; Rick Bower, DS-2 mission specialist,USNS Wheeler; First Assistant Engineer Frank Celino; Captain John Mansfield, master on the USNS Wheeler; Chief Engineer Patrick Yarbrough; ABBrian Frederick; and Second Assistant Engineer Christopher Blouch. The officers and crew of the USNS Wheeler in February also co-hosted a fundrais-er in Saipan for the Commonwealth Cancer Association. The USNS Wheeler is operated for Military Sealift Command by TOTE Services, Inc. and ismanned in all licensed positions by American Maritime Officers.

From March 14 to 20, the USNS VADM K.R. Wheeler and Fast Tempo combined the vessels’ underway time with the delivery of humanitarian aid to the residentsof the Island of Pagan, which was coordinated with the help of Saipan Judge David Wiseman and Northern Marianas Municipality Mayor Jarome Aldan, and sup-ported by Captain Robert Rochford, commodore of Maritime Prepositioning Ships Squadron 3. The USNS Wheeler and Fast Tempo delivered the much-neededsupplies to the residents of the island. The USNS Wheeler’s rigid hull inflatable boat was used to bring the supplies to the beach since there is no dock facilityon Pagan. Some of the crew assisted the island’s residents in repairing storm damage and Chief Engineer Patrick Yarbrough repaired their SSB and VHF anten-nae. There is an active volcano on the island, as seen from the USNS Wheeler. Here on the island are First Assistant Engineer Frank Celino and Captain JohnMansfield from the USNS Wheeler, DS-2 Mission Specialist Rick Bower, and island residents Sandy (Sandman) and his wife, Chris.


Sixth annual Maritime Industry Congressional Sail-Insupports laws, programs crucial to U.S.-flag fleet

During the sixth annual MaritimeIndustry Congressional Sail-In on March24, more than 100 representatives of U.S.maritime labor and industry conductedmore than 100 meetings on Capitol Hillwith members of the House ofRepresentatives and Senate and their staffmembers to discuss the laws, programs andpolicies that enable the U.S.-flag maritimeindustry to efficiently and effectively sup-port the U.S. military and the homeland andeconomic security of our nation.

Participating in the Sail-In this yearfrom American Maritime Officers wereAMO member Captain Robert Lansden, aswell as National Vice President, GovernmentRelations, Mike Murphy; National VicePresident, Inland Waters, David Weathers;Administrative Assistant, Legislative,Paulette Brown; Editor Matt Burke; andAMO Assistant Editor Todd Wright.Participating in the Sail-In from AmericanMaritime Officers Service were AMOSPresident and Chairman Anthony Naccarato,Director Todd Johnson and LegislativeConsultant Brenda Otterson.

The primary issues addressed duringthe Sail-In meetings this year were:

• The Jones Act, which requires thatcargo transported by water between portsin the United States be carried on vesselsowned and crewed by American citizensand built in American shipyards.According to a recent study byPricewaterhouseCoopers, the Jones Actgenerates approximately 500,000 high-quality American jobs, produces an eco-nomic output in the U.S. of more than$100 billion annually, and provides criticalhomeland security, economic, environ-mental, and safety benefits to our nation.

• Funding for the Maritime SecurityProgram — the MSP and its 60-ship mar-itime security fleet of privately-owned mili-tarily useful U.S.-flagged commercial ves-sels provide the Department of Defense withU.S.-flag commercial sealift capability,access to the private shipping companies’global intermodal and logistics systems, andthe U.S. contract civilian mariners needed tosupport American troops and to protectAmerica’s security interests overseas.

• Reauthorization of the U.S.Export-Import Bank, which helps financethe export of American goods and servicesfrom companies throughout the UnitedStates. It helped to facilitate more than $37billion in export sales in FY 2013, supportingmore than 200,000 American jobs. In addi-tion, Ex-Im Bank financed exports must beshipped on U.S.-flagged commercial vessels,providing an important source of cargo forthe U.S.-flag fleet. According to a report pub-lished by the Ex-Im Coalition, the U.S.Export-Import Bank earned a profit in 2014,covering its expenses and sending $675 mil-lion to the U.S. treasury. The authorizationfor the Export-Import Bank expires on June30, 2015.

• U.S.-flag cargo preference ship-ping requirements, which help to ensure thecontinued availability of the privately-ownedU.S.-flag commercial fleet, which, alongwith its associated American maritime man-power, is a critical national defense asset.These requirements mean that a percentageof U.S. government impelled cargoes mustbe transported on privately owned U.S.-flagged commercial vessels available at fairand reasonable rates. These requirementsprovide cargo to the U.S.-flag commercialfleet operating in international trade, support-ing a job base for U.S. merchant marinerswho are needed for sealift operations in timesof war, conflict and crisis.

• The multi-mission vessel programfor state maritime academies, which arelocated in California, Michigan, Maine,Massachusetts, New York and Texas. Theacademies are forced to rely on aging train-ing ships for teaching and training theircadets, and for cadets to earn required seatime for a U.S. Coast Guard license. Toreplace these federally owned vessels, whichrange in age from 35 to 52 years, the admin-istration has requested $5 million in the fiscalyear 2016 budget for the design of a newclass of federally owned training ships for theacademies that could also be used for emer-gency and disaster relief.

• Participation in the bipartisanCongressional Maritime Caucus, which isco-chaired by Congressmen David Joyce (R-OH) and Cedric Richmond (D-LA).

Meeting with Illinois Republican Rep. Mike Bost (center)

Meeting with Georgia Republican Rep. Buddy Carter (center)

Meeting with Rep. Bob Gibbs (R-OH) during the Sail-In were American MaritimeOfficers Service (AMOS) President and Chairman F. Anthony Naccarato, AMOSLegislative Consultant Brenda Otterson, Seafarers International Union VicePresident, Government Services Division, Kermett Mangram and AMOSDirector Todd Johnson.

Meeting with Rep. Don Young (R-AK) during the Maritime IndustryCongressional Sail-In March 24 were Craig Montesano of American WaterwaysOperators, American Maritime Officers member Captain Robert Lansden,Denise Krepp of KDRKrepp Consulting, Seafarers International Union VicePresident, Contracts, George Tricker and Rick Hegg of Crowley (Venable).

Meeting with Kelsey Manweiler, legislative correspondent for Senator RichardShelby (R-AL), were AMO National Vice President, Government Relations, MikeMurphy, Captain Owen Clarke with Crowley and Maritime Trades DepartmentExecutive Secretary-Treasurer Dan Duncan.

Meeting with Chris Stevens, legislative aide for Rep. Mark Sanford (R-SC), wereTim Perry with American President Lines, Kip Payne with the American Bureauof Shipping, AMO National Vice President, Inland Waters, David Weathers andGlen Paine with Maritime Institute of Technology and Graduate Studies.


AMO Safety and Education Plan — Simulation, Training, Assessment & Research Center(954) 920-3222 / (800) 942-3220 — 2 West Dixie Highway, Dania Beach, FL 33004

General Courses

ABS NS5 Fleet Management Software 3 days 3 August

Advanced Fire Fighting 5 days 18 May 31 August 2 November

Basic Safety Training — All 4 modules must be completed within 12months: Personal Safety Techniques (Mon/Tues — 1.5 days), PersonalSafety & Social Responsibility (Tues pm — .5 days), Elementary First Aid(Wed — 1 day), Fire Fighting & Fire Prevention (Thurs/Fri — 2 days) — notrequired. if Combined Basic & Adv. Fire Fighting completed within 12 months

5 days 13 April 4 May 1 June 10, 24 August 14 September 12, 26 October 16 November

Basic Safety Training — Refresher 3 days 3 June 26 August 18 November

Chemical Safety — Advanced 5 days 31 August

ECDIS 5 days 20 April 11 May 6 July 10 August 14 September 2 November

Environmental Awareness (includes Oily Water Separator) 3 days 26 May 19 October

Fast Rescue Boat 4 days 29 June 13 July 3 August 8 September 5 October 30 November

GMDSS — Requires after-hour homework 10 days 1 June 24 August

LNG Tankerman PIC 8 days 8 July

LNG Simulator Training — Enrollment priority in the LNG simulator courseis given to qualified member candidates for employment and/or observationopportunities with AMO contracted LNG companies. In all cases successfulcompletion of the LNG PNC classroom course is prerequisite.

5 days Please call

Proficiency in Survival Craft (Lifeboat) 4 days 26 May 21 September 9 November

Safety Officer Course 2 days 12 November

Tankerman PIC DL — Classroom 5 days 13 April 20 July 17 August 9 November

Tankerman PIC DL — Simulator 10 days 27 April 11 May 15 June 3 August 21 September 19 October

Tankerman PIC DL — Accelerated Program 10 days Please call

Train the Trainer 5 days 4 May 20 July 17 August 5 October 16 November

Train the Trainer — Simulator Instructors 5 days Please call

Vessel/Company Security Officer — Includes Anti-Piracy 3 days 27 July 9 November

Deck CoursesAdvanced Bridge Resource Management — Meets STCW 2010Leadership & Management gap closing requirements 5 days 20, 27 April 11 May 1, 15, June 27 July 3, 31 August 14, 28 Sep 26 October 2 November

Advanced Shiphandling for Masters — (No equivalency) Must havesailed as Chief Mate Unlimited 5 days 17 August 30 November

Advanced Shiphandling for 3rd Mates — 60 days seatime equiv. for 3rdMates 10 days 11 May 3, 24 August

Advanced Emergency Shiphandling — First Class Pilots, Great Lakes 5 days Please call

Bridge Resource Management Seminar 3 days Please call

Dynamic Positioning — Basic 5 days 4 May 27 July 2 November

Dynamic Positioning — Advanced 5 days 18 May 31 August

Integrated Bridge System (IBS) / Prodded Propulsion Training 5 days Please call

STCW Deck Officer Refresher — Great Lakes 3 days Please call

TOAR (Towing Officer Assessment Record) — Third Mate (Unlimited orGreat Lakes) or 1600T Master License required AND OICNW required 5 days 20 April 17 August 21 September 9 November

Tug Training — ASD Assist (Azimuthing Stern Drive) 5 days 22 June 14 September

Engineering Courses

Advanced Slow Speed Diesel 10 days Please call

Basic Electricity 10 days 8 June 10 August 26 October 30 November

Diesel Crossover 4 weeks 27 July

Gas Turbine Endorsement 10 days 13 April 9 November

High Voltage Safety Course (Classroom) 3 days 31 August 16 November

Hydraulics/ Pneumatics 5 days 6 July 12 October

Ocean Ranger Program 6 days 6 April

Programmable Logic Controllers (PLCs) 5 days 24 August 9 November

Refrigeration (Operational Level) 5 days 13 July 26 October

Refrigeration (Management Level) 5 days 20 July 2 November

Steam Endorsement 4 weeks 1 June

Electronics (Management) — NEW 1 week 18 May 28 September

Instrumentation (Management) — NEW 10 days Please call

Welding & Metallurgy Skills & Practices — Open to eligible Chief Mates and Masters on a space availablebasis. Interested participants should apply and will be confirmed 2 weeks prior to start date. 2 weeks 4 May 14 September 30 November

STCW 2010 Gap Closing Courses — Required by all existing STCW credentialed officers by 1 January 2017

Leadership & Management (required by ALL management level Deckand Engine officers by 1 Jan 2017) 5 days 13, 20, 27 April 4, 11, 18 May 1, 8, 15, 22, 29

June6, 13, 20, 27July

3, 10, 17, 24,31 August 14, 21, 28 Sep 5, 12, 19, 26

October2, 9, 16, 30 November

Engine Room Resource Management — Classroom (Engineers)(Required by ALL Engine officers by 1 Jan 2017) 5 days 20 April 4, 18 May 1, 15, 29 June 13, 27 July 10, 24 August 14, 28 Sep 12, 26 October 9, 30 November

Management of Electrical, Electronic Controllers (Engineers) (Requiredby ALL management level Engine officers by 1 Jan 2017) 5 days 13, 27, April 11 May 8, 22 June 6, 20 July 3, 17, 31

August 21 September 5, 19 October 2, 16 November

Leadership & Teamwork (Engineers) (Only required by those Engineerswho completed old ERM class) 1 day Leadership & Teamworking assessments, in the few cases required, should be completed and signed off onboard.

Basic Training & Advanced Fire Fighting Revalidation (Required by firstcredential renewal AFTER 1 Jan 2017) 2 days 27 April 8 June 22 October

EFA (Scheduled with Basic Training Revalidation BUT NOT REQUIREDFOR STCW 2010) 1 day 29 April 10 June 21 October


MSC Training Program - MSC COURSE DATES AFTER JUNE 1, 2015, EXCEPT SMALL ARMS, HAVE CHANGED. SMALL ARMS INCREASED FROM 3 TO 4 DAYS.Basic CBR Defense 1 day 17 April 15 May 21 July 22 September

Damage Control 1 day 16 April 14 May 20 July 21 September

Heat Stress Afloat / Hearing Conservation Afloat 1 day Please call

Helicopter Fire Fighting 1 day 2 June 17 November

Marine Environmental Programs (with CBRD) 1/2 day 17 April 15 May 21 July 22 September

Marine Sanitation Devices 1/2 day 29 May

Medical PIC Refresher — Note: MSC approved 3 days Please call

MSC Readiness Refresher — Must have completed full CBRD & DC once incareer. 5 days 1 June 16 November

MSC Watchstander — BASIC — Once in career, SST grads grandfathered 2 days 11 June 6 August 22 October

MSC Watchstander — ADVANCED — Required for all SRF members 1 day 30 April 29 May 19 June 17 July 14, 28 August 18 September 16, 30 October

MSC Ship Reaction Force — Required every three years for SRF members 3 days 22 June 17 August 2 November

Small Arms — Initial & Sustainment (Refresher) Training — Open tomembers & applicants eligible for employment through AMO (w/in 1 year) orMSC on MARAD contracted vessels. Remedial shoot will be afforded on Day4 for at least 1 weapon if passing score not attained. STCW Endorsementrequired.

3 days (4days from1 June)

13, 27 April 11, 26, May 15, 29 June 13, 27 July 10, 24 August 14, 28 Sep 12, 26 October 16, 30 Nov

Water Sanitation Afloat 1/2 day 29 May

Engine STCW / Original Engineer Training Routes — Engine STCW training routes are aimed at Great Lakes members wishing to transition to deep sea. Original engineer training is available to members,applicants and sponsored students seeking an original license.

Advanced Fire Fighting 5 days 18 May 2 November

Basic Safety Training 5 days 1 June 16 November

EFA/MCP 4 days 12 May 27 October

Proficiency in Survival Craft (Lifeboat) 4 days 26 May 9 November

Basic Electricity (original engineers only) 10 days 8 June 30 November

Original 3 A/E Preparation and Exams A/R 14 December

NOTICE: AMO members planning to attend the union’s Center for Advanced Maritime Officers’ Training/STAR Center in Dania Beach, Florida—either to prepare for license upgrading or to undergo specialty training—are asked to call theschool to confirm course schedule and space availability in advance.

NOTICE OF NON-DISCRIMINATION POLICY AS TO STUDENTS: The Center For Advanced Maritime Officers Training (CAMOT) and Simulation Training Assessment and Research Center (STAR), established under the auspices of theAmerican Maritime Officers Safety and Education Plan, admits students of any race, color, national and ethnic origin or sex to all the rights, privileges, programs and activities generally accorded or made available to students at the Center.It does not discriminate on the basis of race, color, national or ethnic origin or sex in administration of its educational policies, admission policies and other programs administered by the Center.

Medical Courses

Heat Stress Afloat / Hearing Conservation Afloat 1 day Please call

Elementary First Aid — Prerequisite for MCP within preceding 12 months 1 day 12 May 29 June 28 July 13, 27 October

Medical Care Provider — Prerequisite for MPIC within preceding 12months. Please fax EFA certificate when registering 3 days 8 April 13 May 30 June 29 July 14, 28 October

Medical PIC — Please fax MCP certificate when registering 5 days 13 April 18 May 6 July 3 August 19 October 2 November

Urinalysis Collector Training 1 day 11 May 27 July 10 August 26 October 30 November

Breath Alcohol Test (BAT) — Alco Sensors 3 and 4 only 1 day 11 August

Saliva Screening Test — QEDs only 1/2 day 12 August

Medical PIC Refresher — Note: MSC approved 3 days Please call

Radar Courses

Radar Recertification 1 day 28, 29 May 23, 24 July 10, 11 Sep 12, 13 Nov

Radar Recertification at Toledo Maritime Academy — Non-ResidentTraining, apply to Student Services, Dania Beach 1 day Please call

ARPA 4 days Please call

Radar Recertification & ARPA 5 days Please call

Original Radar Observer Unlimited 5 days Please call

Deck Upgrade at the Management Level (Policy Letter 04-02) — This upgrade program is for those who started sea service or training towards management level (Chief Mate/Master) upgrade BEFORE 24March 2014. Failure to complete by 31 December 2016 will most likely result in significant delays and additional training or assessment requirements. Successful completion of this program will satisfy the training requirements forSTCW certification as Master or Chief Mate on vessels of 500 or more gross tonnage (ITC) under previous. This program will complete ALL 53 Control Sheet assessments of the training requirements for STCW under policy letter04-02. Course completion certificates and control sheets expire 12/31/16. Anyone using the previous regulations to upgrade in this manner must complete all requirements ,including USCG testing, by 12/31/16. Deck ManagementLevel gap closing training must also be completed by 12/31/16 in order for the new credential to valid after this date.

Celestial Navigation — Requires after-hour homework 5 days 25 May 7 September

Upgrade: Advanced Meteorology — Requires after-hour homework 5 days 20 April 27 July 26 October

Cargo Operations 9 days 4 May 10 August

Marine Propulsion Plants 5 days 1 June 31 August 30 November

Upgrade: Stability 5 days 27 April 3 August 2 November

Watchkeeping 1: BRM 3 days 17 June 30 September 11 November

Watchkeeping 2: COLREGS 5 days 22 June 5 October 16 November

Upgrade: Shiphandling at the Management Level 10 days 13 July 12 October

Search and Rescue 2 days 4 May 15 June 10 August 28 September 9 November

Shipboard Management 5 days 18 May 24 August

Upgrade: Advanced Navigation (includes Simulator) 5 days 8 June 14 September

ECDIS 5 days 15 June 21 September

Deck Upgrade — STCW 2010 — Management Level (NVIC 10-14)— If sea service or training towards management level (Chief Mate/Master) upgrade started ON OR AFTER 24 March 2014 you must adhereto this new program of training. Completion of both required and optional courses listed below will include all Task Assessments required by NVIC 10-14 , providing ECDIS, GMDSS and ARPA have been previously completed.

Upgrade: Shiphandling at the Management Level 10 days 13 July 12 October

Upgrade: Advanced Meteorology — Requires after-hours homework 5 days 20 April 27 July 26 October

Advanced Stability 5 days 27 April 3 August 2 November

Search & Rescue 2 1/2 days 4 May 10 August 9 November

Management of Medical Care 1/2 day 6 May 12 August 11 November

Leadership & Management 5 days 11 May 17 August 16 November

Advanced Cargo — Optional for task sign-off 5 days 18 May 24 August 30 November

Marine Propulsion Plants — Optional for task sign-off 5 days 1 June 31 August 30 November

Advanced Celestial — Optional for task sign-off 5 days 25 May 7 September

Advanced Navigation — Optional for task sign-off 5 days 8 June 14 September


Regular monthly membership meetings for AMO will beheld during the week following the first Sunday of everymonth at 1 p.m. local time. Meetings will be held onMonday at AMO National Headquarters (on Tuesday whenMonday is a contract holiday). The next meetings will takeplace on the following dates:

AMO National Headquarters: May 4, June 8

Guidance from STAR Centeron STCW 2010 gap closingtraining requirements

STAR Center has published comprehensive guidance for meeting the require-ments of STCW 2010. This information is available on the STAR Center website at:www.star-center.com/stcw2010.html.

In the STCW 2010 section of the STAR Center website, detailed guidance is avail-able for AMO deck and engineering officers on:

• STCW 2010 gap closing training requirements (deck and engine)• New STAR Center STCW 2010 management level upgrade programs for chief

mate/master• New STAR Center STCW 2010 management level upgrade programs for first

assistant engineer/chief engineer• STCW 2010 renewal requirements for STCW endorsementsSTAR Center has posted presentations online describing the gap closing require-

ments for different ratings. The presentations are available in a variety of formats on the STAR Center website

at: www.star-center.com/stcw2010presentation.html.

AMO NATIONAL HEADQUARTERS

DANIA BEACH, FL 33004601 S. Federal Highway(954) 921-2221 / (800) 362-0513Paul Doell, National President ([email protected])Extension 1001 / Mobile: (954) 881-5651 Charles A. Murdock, National Secretary-Treasurer([email protected])Mobile: (954) 531-9977FAX: (954) 367-1025Jack Branthover, Special Assistant to the National President([email protected])FAX: (954) 926-5112Joseph Z. Gremelsbacker, National Vice President, Deep Sea([email protected])Mobile: (954) 673-0680Dispatch: (800) 345-3410 / FAX: (954) 926-5126Brendan Keller, Dispatcher ([email protected])Robert Anderson, Dispatcher ([email protected])Member Services: Extension 1050 ([email protected])

OFFICES

WASHINGTON, D.C. 20024490 L’Enfant Plaza East SW, Suite 7204(202) 479-1166 / (800) 362-0513 ext. 7001Paul Doell, National President ([email protected])Extension 7004 / Mobile: (954) 881-5651J. Michael Murphy, National Vice President, Government Relations([email protected] / [email protected])Mobile: (202) 560-6889T. Christian Spain, National Assistant Vice President, Government Relations([email protected])Mobile: (202) 658-9635FAX: (202) 479-1188

PHILADELPHIA, PA 191132 International Plaza, Suite 336Robert J. Kiefer, National Executive Vice President ([email protected])(800) 362-0513 ext. 4001Mobile: (215) 859-1059FAX: (610) 521-1301Chris Holmes, Contract Analyst(cholmes@amo‐union.org)(800) 362‐0513 ext. 4002Mobile: (856) 693‐0694

UPDATE CREDENTIALS, DOCUMENTS, TRAINING RECORDSSecure File Upload: https://securetransfer.amo-union.org/E-mail: [email protected]: (800) 362-0513 ext. 1050

TOLEDO, OH 43604The Melvin H. Pelfrey BuildingOne Maritime Plaza, Third Floor(800) 221-9395 / FAX: (419) 255-2350John E. Clemons, Special Assistant to the National President (Great Lakes)([email protected])Brian D. Krus, Senior National Assistant Vice President([email protected])Michelle Moffitt, Dispatcher([email protected])

GALVESTON, TX 775512724 61st Street, Suite B, PMB 192David M. Weathers, National Vice President, Inland Waters([email protected])(800) 362-0513 ext. 2001Mobile: (409) 996-7362FAX: (409) 737-4454

SAN FRANCISCO / OAKLAND, CA 946071121 7th Street, Second FloorOakland, CA 94607Daniel E. Shea, National Assistant Vice President([email protected])(510) 444-5301 / (800) 362-0513 ext. 5001FAX: (954) 367-1064

NEW ORLEANS / COVINGTON, LA 70434P.O. Box 5424Covington, LA 70434Daniel J. Robichaux, National Assistant Vice President([email protected])(954) 367-1036 / Mobile: (985) 201-5462

STAR CENTER

STUDENT SERVICES/LODGING AND COURSE INFORMATION2 West Dixie HighwayDania Beach, FL 33004(954) 920-3222 ext. 201 / (800) 942-3220 ext. 201Course Attendance Confirmation: (800) 942-3220 ext. 20024 Hours: (954) 920-3222 ext.7999 / FAX: (954) 920-3140

SERVICES

FINANCIAL ADVISERS: THE ATLANTIC GROUP AT MORGAN STANLEY(800) 975-7061 / www.morganstanleyfa.com/theatlanticgroup

MEDICAL CLINIC AMO PLANS2 West Dixie Highway 2 West Dixie HighwayDania Beach, FL 33004 Dania Beach, FL 33004(954) 927-5213 (800) 348-6515FAX: (954) 929-1415 FAX: (954) 922-7539

LEGAL

AMO Coast Guard Legal Aid Joel Glanstein, General CounselProgram David GlansteinMichael Reny 437 Madison Ave. 35th FloorMobile: (419) 346-1485 New York, NY 10022(419) 243-1105 (212) 370-5100(888) 853-4662 (954) [email protected] FAX: (212) 697-6299


AMO members complete STCW 2010 training at STAR Center

American Maritime Officers members participating in the Leadership andManagement course at STAR Center in January included Joseph LaMantia,Pedro Dominguez, Brian Davis, Peter Guggina, John Jacob Jordan andStephen Smith.

American Maritime Officers members participating in the Leadership andManagement course at STAR Center in January with Instructor Frank Brandincluded Robert Mello, Bob Bremner, Mark Rhodes, Mark May, Bryan Vagts,John Cathey, Rich Bradley, Alex Butler and R. Scott Adolfi.

American Maritime Officers members participating in the Leadership andManagement course at STAR Center in January included (in no particular order)Will O’Brien, Mark Paine, Don Sprague, Rick Powers, Dan Picciolo and KevinReilly. Also participating in the course was Vu Quach.

American Maritime Officers members participating in the Leadership andManagement course at STAR Center in January included Darin O’Connor, KenKoontz, Curtis Hintze, Tim Nelick, Evan Park, Rich Moran, Mark Grendahl andReuben Grendahl.


Commander of USTRANSCOMprovides testimony on JonesAct’s importance to military

In written testimony provided for theSenate Armed Services Committee’s March19 hearing on U.S. Strategic Command,U.S. Transportation Command, and U.S.Cyber Command, Gen. Paul Selva, com-mander of the U.S. TransportationCommand, made the following statement:

“Existing maritime laws also con-tribute to ensuring a responsive U.S.mariner fleet is ready to meet any DOD(Department of Defense) contingencyrequirement. For example, the Jones Actcontributes to a robust domestic maritime

industry that helps to maintain the U.S.industrial shipyard base and infrastructureto build, repair, and overhaul U.S. vessels.The Jones Act requirement for U.S.-crewedand built vessels provides additional capac-ity and trained U.S. merchant mariners thatcan crew RRF (Ready Reserve Force) ves-sels in times of war or national emergency.”

Gen. Selva also remarked upon theimportance of U.S. merchant mariners andthe American maritime industry to nationaldefense in his presentation to the MaritimeTrades Department, AFL-CIO, in February.

STAR Center conference addresses training needsof commercial, military, federal vessel managers

The annual STAR Center TrainingNeeds Conference, held March 4 and 5,brought together leading figures from AMOcontracted companies, Military Sealift

Command, the Maritime Administration,the U.S. Coast Guard and other key industryentities to review and address maritimetraining needs with officials of American

Maritime Officers and the training profes-sionals of STAR Center.

Among the primary topics at the con-ference were the training requirements forSTCW 2010. STAR Center, a division ofthe AMO Safety and Education Plan andthe primary training provider for membersof AMO, provides a complete U.S. CoastGuard approved curriculum of STCW 2010gap closing courses. Discussions during theconference also addressed potential cur-riculum adjustments to improve trainingfor the AMO membership and to continuemeeting the needs of commercial and mili-tary vessel managers.

STAR Center Director of TrainingPhil Shullo said the feedback from thisyear’s conference will be very helpful.

“We schedule these conferences eachyear to get current information from seniorMARAD, MSC, and Coast Guard officialsout to contributing companies; to updatecompanies on STAR training classes andprograms; and to get input from those com-panies that will help STAR Center refocusour training efforts where necessary,”Shullo said. “This year the primary topicswere progress in meeting the STCW gapclosing requirements and the introductionof training to meet the new IGF Code forlow flashpoint fuels. I think we were suc-cessful getting our messages out. I hope thatin the future we will be able to have morecompany senior leaders participate to helpus with strategic planning for the school.”

The Training Needs Conference isgeared to gather input on the STAR Centercurriculum from vessel operating compa-nies, Military Sealift Command and gov-ernment agencies in order to fine tune exist-ing courses and develop new courses asneeded to meet U.S. Coast Guard, MSC andMaritime Administration requirements, aswell as the objectives of AMO-contractedcompanies. The conference helps ensure allof the training the AMO membership willrequire remains readily available, and helpsposition AMO members at the forefront of acompetitive industry.

This year’s keynote speakers wereDeputy Maritime Administrator MichaelRodriguez and Chris Thayer, director ofcontractor-operated ships at Military SealiftCommand. Also addressing the group wereRobert Smith and Dana Gregory of the

National Maritime Center and Mark Kelly,executive vice president of Anderson-KellyAssociates, Inc.

During his presentation at the confer-ence, Rodriguez talked about the need fortrained and motivated mariners to meet theimpending demand for seafarers as theboom of ship construction begins to bearfruit. He pointed to STAR Center as a cen-tral figure in that readiness component.

“These training schools are the kindsof partnerships that labor and managementcan have to make our industry better. STARCenter is a wonderful example. The level ofenergy around this place is what’s reallyimpressive,” Rodriguez said. “The industryalways needs skilled, experienced and moti-vated mariners. There is more demand onmariners for training and the workload atsea is getting tougher.”

Rodriguez said MARAD is work-ing closely with the maritime academiesand the military to identify young peoplewho want to take on the challenge ofworking at sea.

Rodriguez also talked about movingforward with the National MaritimeStrategy, a proposal being put together byMARAD that is expected to shape andsolidify the future of the industry. He saidthat, after gathering suggestions from stake-holders at a series of symposiums and meet-ings in 2014, MARAD intends to introducea notice to propose policy to Congress in thesecond quarter of this year.

Chris Thayer told the group that theimpact of the U.S. merchant marine couldnot be underestimated when it comes tonational security and projecting U.S. mili-tary might on a global scale.

“The mariners are the lifeblood ofwhat we do day in and day out,” he said.

Thayer highlighted ships such as theUSNS Montford Point and the M/V CAPTDavid I. Lyon, both crewed in all licensedpositions by AMO members, as vessels theU.S. military needs in order to carry out itsmission.

He also praised STAR Center for thework it does in producing qualified andknowledgeable mariners who can respondto a multitude of demands.

“MSC is pleased with the product weget out of STAR Center. This is a great facil-ity,” Thayer said.

AMO National President Paul Doell and AMOS President and ChairmanAnthony Naccarato greet Deputy Maritime Administrator Michael Rodriguez atthe STAR Center Training Needs Conference.

AMO National President Paul Doell and National Vice President, GovernmentRelations, Mike Murphy greet Chris Thayer, director of contractor operated shipsfor Military Sealift Command, at the STAR Center Training Needs Conference.

AMO National Vice President, Inland Waters, David Weathers, National AssistantVice President Dan Robichaux and STAR Center Instructor Ken Collins greetSeabulk Quality Assurance and Training Manager Doug Carlson and SeabulkArea Manager for Florida and Offshore Frantz Dunel.

AMO members participate inShell Fleet Officers Conference

American Maritime Officers members Chief Engineer Michael Green andCargo Engineer Tom McCarthy “talk tankers” during a break at the ShellInternational Fleet Officers Conference held outside of London in March.Both sail in the international fleet of LNG carriers managed by Shell.

PREAMBLE

We, the members of American MaritimeOfficers, (AMO), believe in the UnitedStates as a government of the people, bythe people and for the people, whose justpowers are derived from the consent of thegoverned; a democracy in a republic, asovereign nation of many sovereign states,a perfect Union, one and inseparable,established upon those principles offreedom, equality, justice and humanity forwhich American patriots sacrificed theirlives. We therefore believe it is our duty toour country to love it, to support itsConstitution, to obey its laws, to respect itsflag and to defend it against all enemies.

ARTICLE I

Name

This Union is a National LaborOrganization and shall be known by thename and title of American MaritimeOfficers (AMO).

ARTICLE II

Objects

Section 1.

The objects of this Union shall be to uniteits members fraternally; to improve,maintain, promote and protect thestandards of the craft; and to regulate theseagoing employment-related businessmatters of members of this Union.

Section 2.

(a) This Union shall be the exclusiverepresentative for all of its members forthe purpose of collective bargaining withrespect to wages, benefits, hours and termsand conditions of employment. Suchexclusive representation shall include thepower to negotiate and execute contractsrequiring members to continuemembership in this Union as a condition ofemployment and contracts requiring theemployer to deduct, collect or assist incollecting from the members’ wages, fees,assessments, fines or contributionspayable to this Union.

(b) This Union is irrevocably authorizedand empowered exclusively to appear andact for all of its members on their behalfbefore any Board, Court, Committee orother tribunal in any matter affecting theirstatus as employees, or as members of thisUnion, and exclusively to act as agent ofall members and bind all of them in thepresentation, prosecution and adjustmentof grievances, complaints or disputes ofany kind or character arising out of theemployer-employee relationship as fullyand to all intents and purposes as themember might or could do if personallypresent. Said power shall include but notbe limited to the prosecution, adjustmentand settlement of grievances, complaintsor disputes arising under any collective

bargaining agreement to which this Unionis a party.

Section 3.

A majority vote of the membership shallbe authorization for any action of thisUnion unless otherwise specified in thisConstitution.

Section 4.

The powers of this Union shall belegislative, judicial and executive. Suchpowers shall include: the formation of andissuance of charters to subordinate bodies,affiliates and divisions, corporate orotherwise, the formation of andparticipation in benefit or other funds andthe authority of the National ExecutiveBoard to designate the Trusteesrepresenting this Union on such funds; andthe establishment of enterprises for thebenefit of this Union and similar ventures.This Union shall exercise all of its powerswith respect to subordinate bodies anddivisions created or chartered by it. Forconvenience of administration and infurtherance of its policies, this Union maymake its property, facilities and personnelavailable for the use by and on behalf ofsuch subordinate bodies, affiliates anddivisions. The National Executive Boardshall, by majority vote, be empowered toauthorize the formation of or issuance ofcharters to subordinate bodies, affiliatesand divisions.

Section 5.

This union is committed to a policy ofnon-discrimination with regard to race,gender, sexual orientation, religion, ageand national origin both in its internalemployment practices and referralpractices through its hiring halls.

ARTICLE III

Composition

Section 1.

All maritime officers, mariners and otherindividuals of good moral character andknown qualifications regardless ofnationality shall be eligible formembership after having completed therequirements for applicants.

Section 2.

All maritime officers, mariners and otherindividuals who are nationals of othercountries and working on vessels,regardless of flag, owned or operated orcontrolled by American or foreigninterests shall also be eligible formembership after having completed therequirements for applicants.

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Section 3.

Other workers may be accepted intomembership and shall have such rights,privileges and benefits in this Union asmay be prescribed by the NationalExecutive Board.

ARTICLE IV

Membership Requirements, Duties

and Obligations

Section 1.

Any person duly qualified in accordancewith Article III may become a member orbe reinstated as a member of this Union.

Section 2.

(a) Any person filing an application formembership or an application forreinstatement may be admitted orreadmitted into membership, as the casemay be, in accordance with the terms ofthis Constitution and such additional ruleswhich are adopted, from time to time, andpublished by the National ExecutiveBoard.

(b) The term “membership book” shallmean the official certificate issued asevidence of membership in this Union.

(c) The term “permit number” shall meanthe official permit number of applicantstatus issued to applicant upon theapplicant’s first employment assignment.

(d) Prior to being granted member status,applicants must have satisfied theinitiation fee requirement as noted in thisConstitution and have on file letters ofrecommendation from at least two (2)members.

(e) The number of applicants to be grantedmember status shall be as determined,from time to time, by the NationalExecutive Board.

(f) The National Executive Board isauthorized to, as it deems appropriate,reject an application for membership ordrop an applicant from the rolls, providedthat such rejected or dropped applicantmay reapply for membership at least two(2) years after such rejection.

Section 3.

(a) Applicants must pay the initiation feeestablished by this Union within five (5)years. This initiation fee can be paid in alump sum or paid in five (5) equal annualinstallments. If rejected by this Union forany reason whatsoever, the fee paid shallbe refunded upon the return of all officialdocuments issued by this Unionevidencing the applicant’s status in thisUnion.

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(b) Where an applicant is permitted byrules established by the NationalExecutive Board to deposit less than thefull initiation fee with the obligation tocomplete payment thereafter, thepayments he has made toward hisinitiation fee shall not be returned to himunless he has been affirmatively deniedadmission by this Union. In the event theapplicant fails to complete payment of hisinitiation fee in the manner prescribed bythis Constitution, any payments made bythe applicant shall be forfeited and theapplicant shall be deemed ineligible foradmission into membership.

Section 4.

Prior to acceptance into membership,applicants shall make every effort tounderstand this Constitution and theirduties to this Union and its members.

Section 5.

An applicant is required to truthfullycomplete the application for membershipprovided by this Union. Failure to do soshall result in forfeiture of all fees paid andremoval as an applicant unless otherwisedirected by the National Executive Board.

Section 6.

No applicant shall be granted membershipwho is a member of another maritimeunion.

Section 7.

To preserve unity and to promote thecommon welfare of the membership, allmembers of this Union shall uphold anddefend this Constitution and shall begoverned by the provisions of thisConstitution and National ExecutiveBoard or National Executive Committeerulings, orders and decisions .

Section 8.

Evidence of membership or otheraffiliation with this Union shall, at alltimes, remain the property of this Union.Members may be required to show theirevidence of membership in good standingin order to be admitted to Union meetings.

Section 9.

Only members in good standing shall beallowed to vote at official membershipmeetings on matters affecting this Unionor in any referendum on any matter or inany election of National Officers andNational Executive Board Members.

Section 10.

Members and applicants of this Union areduty bound to recognize every othermember and shall not slander theircharacter, or willfully or maliciously injure

AMERICAN MARITIME OFFICERS

NATIONAL CONSTITUTION

January 2015

PUBLISHED JANUARY 29, 2015

Affiliated with Seafarers International Union of North America, AFL-CIO (‘SIUNA”)

them in any way, on penalty of beingsuspended or dropped from this Union.Members and applicants are expected todo all in their power to maintain theinterest, the life and the usefulness of thisUnion. They shall comply with andobserve all provisions of all outstandingcollective bargaining agreements underwhich they may be employed and observeand comply with all the duly adopteddecisions of the National ExecutiveBoard.

Section 11.

(a) Members about to leave theircontracted positions shall report this tothis Union, which shall furnish, if possible,a competent member to fill the vacancy.Any member seeking a position shallreport this to this Union.

(b) No member shall accept seagoingemployment outside of this union withoutclearance from this union.

(c) Members shall not be permitted toaccept a position upon any vessel untilthey have reported to and have beencleared by this Union.

Section 12.

Applicants for membership are duty boundto comply with all membership obligationsas specified in this Constitution but shallhave only such rights specifically grantedherein.

ARTICLE V

Finances

Section 1.

(a) Effective January 1, 2015, the annualdues rate for each rating for the two (2)groups specified below shall be as follows:

Group 1 - Deep Sea and Great Lakes

Areas:

- Chief Engineers and Captains $1,772.00

- 1st Assistant Engineers, Chief Officersand Electronic Technicians* $1,672.00

- 2nd Assistant Engineers, 2nd Officersand Radio Officers* $1,580.00

- 3rd Assistant Engineers, 3rd Officersand Stewards $1,488.00

*Electronic Technicians and RadioOfficers who do not achieve 200 days ofcovered employment in a calendar yearshall pay the non-sailing dues rate of$112.00 per quarter and $448.00 per year.

Group 2 - Inland Waters Areas and

Others:

- Dues Range: $448.00 Annually, $112.00Quarterly, to $1,236.00 Annually, $309.00Quarterly

(b) The initiation fee for Group 1applicants shall be $5,500.00 and forGroup 2 applicants $3,500.00 unlessotherwise determined by the NationalExecutive Board. If an applicant movesfrom Group 2 to Group 1 the higherinitiation fee shall apply. Applicants whohave not fulfilled their initiation feerequirements are subject to the initiationfee in place, including increases, as notedin the AMO National Constitution.

(c) dues rate of each rating and theinitiation fee of applicants shall be

established by the National ExecutiveBoard at the beginning of each calendaryear and shall be applicable for the entirecalendar year. The dues rate eachmember/applicant is required to pay shallbe determined by the rating within thegroup in which the member/applicant isregistered, assigned or employed or by therating for which he is receiving vacationbenefits on January 1st of each calendaryear. If a member/applicant is notassigned, employed or receiving vacationbenefits on January 1st of any year, hisdues rate for the entire year shall bedetermined on the basis of his first jobassignment or receipt of vacation benefitsafter January 1st of that year. Personseligible to register in Group 1 on or afterJanuary 1st of any year, must, in order toregister for any job, pay the Group 1 3rdAssistant/3rd Officer rate, provided thatthe first job assignment of the year shalldetermine the dues rate of such persons forthe entire year.

Pro-rated dues shall be assessed forapplicants in lieu of quarterly dues whenshipped within 30 days of the next quarter.

Members/Applicants, other than NationalOfficers and National Executive BoardMembers and National Representatives,employed in a shoreside capacity onwhose behalf contributions are being madeto any of the AMO Plans, Committees, orrelated entities, shall pay, as a minimum,the dues rate in effect for Group 1 3rdAssistant/3rd Officer. National Officersand National Executive Board Membersshall pay the dues rate in effect for Group1 Chief Engineers and Captains.

(e) The non-sailing dues rate for allmembers/applicants other than those inGroup 2 shall be $888.00 per year. Thenon-sailing dues rate for Group 2 membersshall be $448.00 per year. This dues ratewill be applicable to all members andapplicants who do not sail or receivevacation benefits at any time during thecalendar year.

(f) In addition to the above, the annualdues rates may be increased effectiveJanuary 1st for the subsequent year by anamount not to exceed the equivalent of thesame percentage of the increase in wagesand all other benefits negotiated by theUnion which became effective in the priorcalendar year for a particular group.

The National Executive Board shall havethe authority in any particular year tosuspend or forgo, in whole or in part, theaforesaid percentage dues increase. Anysuch action shall not affect the percentagedues increase in any subsequent year.

The National Executive Board, on orbefore November 1st of each year, shalldetermine the amount of dues andinitiation fee increase, if any, for eachrating in each group to be effective on thefollowing January 1st. Any question ordispute concerning the dues rate of a ratingor group shall be resolved by the NationalExecutive Board, whose decision shall befinal and binding on all members.

(g) All dues shall be paid in advancequarterly. The Union shall issue an officialreceipt for all monies received frommembers. No member shall be deemed ingood standing or shall be entitled to anybenefits of this Union unless the member’sdues are fully paid through the currentquarter. Subject to applicable law, it shall

be the duty of each individual member toassume all the responsibilities ofmaintaining membership in good standing.

Section 2.

Any member who shall be in arrears formembership dues for a period of one (1)year shall be dropped from membershipunless otherwise ordered by the NationalExecutive Board, but in no case may sucha member be maintained on themembership rolls if the member is inarrears for two (2) years in dues payments.

Section 3.

A member who is in arrears for fines,assessments or other indebtedness to thisUnion, and who does not pay this debtwithin one (1) month of the due date, shallautomatically be dropped from the roll ofmembership without notice.

Section 4.

The foregoing time limits shall not run:

(a) While a member is actuallyparticipating in a strike or is locked out.(b) While a member is an in-patient in ahospital or has a documented disability.(c) While a member is in the ArmedServices of the United States, providedthat the member was in good standing atthe time he entered the Armed Services,and that he applies for reinstatementwithin 90 days after his release from activeduty in the Armed Services.

Unless otherwise ordered by a majorityvote of the membership, the NationalExecutive Board may designate additionalcircumstances during which the timespecified in Sections 2 and 3 shall not run.

It shall be the right of any member topresent in writing to the National Presidentany question with respect to theapplication of this Section 4, and theNational Executive Board shall decidesuch questions unless otherwise orderedby a majority vote of the membership.

Section 5.

This Union shall have the power to imposefines not to exceed the amount of theGroup Initiation Fee of the member forany violation of membership obligations.

Section 6.

Any applicant who is in arrears in paymentof initiation fees for a year shall bedropped as an applicant unless otherwiseordered by the National Executive Board.

Section 7.

Any application for reinstatement shallhave the same status as any application fororiginal membership. Any application forreinstatement after a member is expelledshall be approved by a 2/3 vote atregularly scheduled monthly membershipmeeting at Headquarters.

ARTICLE VI

System of Organization

Section 1.

National Officers, National ExecutiveBoard Members, National Representativesand members shall be governed in this

order by:

(a) This Constitution;(b) Majority vote of the membership;(c) National Executive Board;(d) National Executive Committee.

Section 2.

National Headquarters shall be located inDania Beach, Florida. The functions ofthis Union shall be administered at and byNational Headquarters.

Section 3.

National Headquarters and Ports shall bemanned by such National Officers andNational Representatives as shall bedetermined by the National ExecutiveBoard.

Section 4.

National Executive Board

(a) Effective with the election of officersto be installed at 12:00 A.M. on January 1,2015, there shall be a National ExecutiveBoard consisting of the National President,National Secretary-Treasurer, NationalExecutive Vice President, National VicePresident, Deep Sea, National VicePresident, Inland Waters and National VicePresident, Government Relations. Eachmember of the National Executive Boardshall have one (1) vote. A quorum formeetings of the National Executive Boardshall be a majority of National ExecutiveBoard members. Members in goodstanding of this Union are encouraged toattend National Executive Board meetings,but shall have no voice or vote in theseproceedings.

(b) In addition to the other duties of theNational President, the National Presidentshall call National Executive BoardMeetings during the year. The time andplace of each such meeting shall bedetermined by the National President. Toavoid expense and delay, the NationalExecutive Board may be polled on anydecision via telephone, e-mail, or othermeans of communication. Such decisionshall be reduced to writing and signed bythe Members of the Board. All NationalExecutive Board Members shall have theright to have their votes recorded.

(c) The National Executive Board shall beempowered to discuss and prepare reportsand recommendations on any part of thisUnion’s activities, policies and plans. Theadoption of any such recommendation by amajority vote of the National ExecutiveBoard shall make the provisions thereofbinding Union policy, unless modified orotherwise altered by a majority vote of theMembership, provided such policy is notinconsistent with the provisions of thisConstitution.

(d) Meetings of the National ExecutiveBoard shall be held in executive sessionwhen circumstances dictate.

(e) The National Executive Board hasestablished a policy regarding agency feepayers.

(f) There shall be no loans to Officers,National Executive Board Members,Agents, Representatives, Employees orMembers of AMO.

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2 ✯ January 2015

Section 5.

National Executive Committee

(a) There shall be a National ExecutiveCommittee consisting of the NationalPresident, the National Secretary-Treasurer and National Executive VicePresident.

(b) The National Executive Committeeshall meet no less frequently than twiceeach year at such places as may bedesignated by the National President andat such other times as the NationalPresident may elect.

(c) Each member of the NationalExecutive Committee shall be entitled tocast one (1) vote in that body. Its decisionshall be determined by majority vote ofthose members present.

(d) It shall be the duty of the NationalExecutive Committee to establish anddirect the policies, strategies, rules andbusiness of this Union which shall advanceand protect the interests and welfare of thisUnion. The adoption of any such actionshall make the provisions thereof bindingUnion policy, provided such action is notinconsistent with the provisions of thisConstitution unless modified or otherwisealtered by a majority vote of the NationalExecutive Board.

(e) The National Executive Committeeshall direct the administration of all Unionaffairs, properties, policies and personnelin any and all areas except as otherwisespecifically provided for in thisConstitution.

(f) The National Executive Committeeshall be responsible for overseeing theformulation of bargaining demands andcontract negotiations, provided theseactions are not inconsistent with pastpractice of any respective area or anyother provision of this Constitution.

(g) The National Executive Committeeshall determine, subject to the provisionsof this Constitution, the terms andconditions of affiliation for any group ofworkers desiring affiliation.

(h) The National Secretary-Treasurer, or inthe National Secretary-Treasurer’sabsence, an appointee of the NationalExecutive Committee, shall keep accurateminutes of all meetings of the NationalExecutive Committee.

(i) The National Executive Committeemay act without holding a formal meetingprovided all members of the NationalExecutive Committee are sent notice of theproposed action or actions, and thedecision is reached by a majority vote,provided sufficient votes are received toconstitute a quorum.

Section 6.

Membership Meetings

All official membership meetings shall beheld at Headquarters and recorded byminutes. Official minutes shall bedistributed to all Port offices of AMO andposted on the AMO Website for inspectionby members in good standing. When noquorum is present, this shall be noted in areport distributed as official minutes.

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ARTICLE VII

National Officers, National

Representatives and other Elective

Positions

Section 1.

The National Officers of this Union shallbe elected, except as otherwise provided inthis Constitution. These National Officersshall be those specified in Article VI,Section 4, and such additional NationalOfficers as may be designated in theNational President’s pre-balloting report.

Section 2.

The following positions in this Union shallbe voted upon in the manner prescribed bythis Constitution:

(a) Recording Secretary(b) Reading Clerk(c) Committee Members of:

- Trial Committee;- Credentials Committee; - Tallying Committee; - Financial Committee;- Negotiating Committee; and - Strike Committee

Section 3.

Additional Committees may be formedupon the recommendation of the NationalExecutive Board unless otherwise providedby a majority vote of the membership.Committees may also be appointed aspermitted by this Constitution.

ARTICLE VIII

Duties of National Officers,

National Representatives and

Committee Members

Section 1.

The National President

(a) The National President shall be theExecutive Officer of this Union and shallrepresent and act for and on behalf of thisUnion in all matters consistent with thisConstitution.

(b) The National President shall be amember ex-officio of all committees.

(c) The National President shall beresponsible for: the organization andmaintenance of the correspondence, filesand records of the Union; setting up, andthe maintenance of, proper office andother Union administrative procedures;and the proper collection, safeguard andexpenditure of all Union funds, Port orotherwise. The National President shall bein charge of, and responsible for, all Unionproperty and shall be in charge of NationalHeadquarters and Port Offices. TheNational President shall be responsible forthe issuance of a monthly comprehensivereport covering the financial operation ofthe Union for the previous month.Whenever there are time restrictions orother considerations affecting Unionaction, the National President shall takeappropriate action to ensure observancethereof. The National President shall,unless otherwise ordered by a majorityvote of the membership, designate thenumber and persons who may, in anyinstance, sign checks drawn upon Unionfund

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(d) Unless otherwise provided for in thisConstitution, the National President shalldesignate the number and location ofadditional Ports and the jurisdiction,status and activities thereof and may closesuch Ports. The National President shalldesignate the National Officer orrepresentative in charge of each Port.Should any new Constitutional Ports beestablished between the election ofNational Officers, the National ExecutiveBoard will propose amendments to thisConstitution so that a representativecomplement for any such Port shall beelected as members of the CredentialsCommittee and the Tallying Committee.The National President may assign orreassign any elected official orrepresentative to any Port or to otherduties at a wage level determined by theNational President with the approval ofthe National Executive Board.

(e) The National President shall supervisethe activities of all Ports. In the event ofthe incapacity of any elected NationalOfficer, National Executive Boardmember, National Representative orCommittee member, the NationalPresident may designate a replacement toact as such during the period of incapacity.

(f) At the regular May membershipmeetings of every election year, theNational President shall submit to themembership a pre-balloting report. Thisreport shall contain those NationalOfficers specified in this Constitution andthe number of additional National Officersthat are to be elected. The NationalPresident shall also, in such report,designate, with the approval of theNational Executive Board, a depository towhich the ballots are to be mailed ordelivered. Unless otherwise ordered by amajority vote of the membership, thereport shall be deemed accepted.

(g) The National President shall beChairman of the National Executive Boardand the National Executive Committee.

(h) The National President shall beresponsible within the specified limits forthe enforcement of this Constitution, thepolicies of this Union and all rules andrulings adopted by a majority vote of themembership, the National ExecutiveBoard and the National ExecutiveCommittee. The National President shallstrive to enhance the strength, position andprestige of this Union.

(i) The National President may delegate toa person or persons the execution of suchof the National President’s duties as theNational President may decide, subject tothe limitations set forth in thisConstitution.

(j) The National President is directed totake any legal and all measures andemploy such means which the NationalPresident deems necessary or advisable toprotect the interests and further the welfareof this Union and its members in allmatters.

(k) By virtue of election as NationalPresident, the National President isdesignated to serve as a Vice President ofthe Seafarers International Union of NorthAmerica, AFL-CIO, and as a delegate tothe SIUNA Convention.

(l) In the event the National President shallbe unable to carry out his duties by reason

of incapacity or in the event of a vacancyin the office of the National President forany reason including death, resignation orremoval, the National ExecutiveCommittee shall, at the time of suchincapacity or vacancy, determine anddesignate by majority vote of theremaining members of the NationalExecutive Committee, the successor inoffice to the National President fromamongst the existing members of theNational Executive Committee. In theevent of a tie, the successor in office to theNational President shall be the NationalExecutive Committee member sodesignated by a majority vote of theNational Executive Board.

Section 2.

National Secretary-Treasurer

(a) Duties of the National Secretary-Treasurer shall include such assistance tothe National President as the Presidentmay direct and to take charge of thecorrespondence, files and records of thisUnion, to take charge of its accounting andbookkeeping system, to take charge of thecollection, safeguarding and expendituresof all Union funds, and provide a monthlycomprehensive report to the NationalPresident covering the financial operationsof this Union for the previous month andperform such other duties as may bedetermined by the National ExecutiveBoard.

(b) The National Secretary-Treasurer, withapproval of the National President, willestablish a Petty Cash Fund in each Portwhere the National President deemsestablishment of such a fund to benecessary. One (1) official orrepresentative shall be designated asresponsible for overseeing maintenance ofthe Petty Cash Fund records, filing weeklyfinancial reports concerning receipts anddisbursements and the security of the PettyCash Fund. The National Secretary-Treasurer shall oversee the reconciliationof the use of the Petty Cash Fund for eachlocation. The Petty Cash Fund will not beused for loans or individual expenses. ThePetty Cash Fund will be used for officesupplies or materials.

Section 3.

National Executive Vice President and

National Vice Presidents.

(a) The National Executive Vice Presidentshall assist the National President in theexecution of his duties and shall carryout such other duties as may be determinedby the National Executive Board.

(b) National Vice Presidents shall be indirect charge of the administration ofUnion affairs in the Port under theirjurisdiction as assigned and determined bythe National President. They shall also beresponsible for the enforcement andexecution of this Constitution, the policiesof this Union and the rules adopted by theNational Executive Board.

(c) National Officers shall account,financially, or otherwise, for theiractivities in any Port Office wheneverdemanded by the National President.National Vice Presidents and NationalExecutive Board members shall prepareand forward to National Headquartersweekly financial reports detailing theirprior weekly income and expenses, and

January 2015 ✯ 3

comply with all other accountingdirections issued by the NationalPresident.

(d) National Vice Presidents, with theapproval of the National President, shalldesignate which members at that Port mayserve as representatives to otherorganizations, affiliations with which havebeen properly permitted.

(e) The foregoing is in addition to thoseother duties prescribed elsewhere in thisConstitution.

(f) National Representatives shall performwhatever duties are assigned to them bythe National President or the persondesignated to act in behalf of the NationalPresident..(g) The National President, NationalSecretary-Treasurer, National ExecutiveVice President, Area National VicePresidents and National Executive BoardMembers for the Deep Sea, Great Lakesand Inland Waters areas shall beconsidered elected as delegates to theSIUNA Convention by virtue of theirelection as officers of AMO with fullvoting rights in accord with the SIUNAConstitution.

Section 4.

Committees

(a) Trial Committee

A Trial Committee shall conduct trials ofpersons charged, and shall submit findingsand recommendations as prescribed in thisConstitution. It shall be the specialobligation of the Trial Committee toobserve all the requirements of thisConstitution with regard to charges andtrials. The Trial Committee’s findings andrecommendations must specifically statewhether or not the rights of the accused,under this Constitution, were properlysafeguarded. A Trial Committee shall beelected in accordance with Article XII,Section 2 of this Constitution.

(b) Financial Committee

The Financial Committee shall meet atNational Headquarters and: conduct asemi-annual (26 week) audit of thefinances of National Headquarters andeach Port, which audit shall include theexamination of regular weekly financialreports of the National President, NationalSecretary-Treasurer, National ExecutiveVice President, National Vice Presidentsany other National Officers as well as theNational Secretary-Treasurer’s monthlycomprehensive report for the semi-annualperiod under review; note discrepancieswhere they exist; and report on theirfindings and make recommendations.Members of this Committee may makedissenting reports, separaterecommendations and separate findings.The report and recommendations of thisCommittee shall be completed within areasonable time after the election of itsmembers and shall be submitted to theNational President, who shall cause thereport and recommendations to be read atthe following month’s regular membershipmeetings.

National Officers and NationalRepresentatives shall comply with alldemands made for records, bills, vouchersand receipts by the Financial Committee.

No report shall be considered completewithout an accompanying report and auditstatement by a Certified PublicAccountant. The National President ischarged with the selection of the CertifiedPublic Accountant. Any action on theFinancial Committee report andrecommendations shall be determined bythe National Executive Board.

The Financial Committee’s duties shallinclude not only reviewing and signing offon the cover vouchers, but also thedocuments provided that are specified inthis Article VIII, Section 4(b) and byengaging in a review with the Union’sauditor and comptroller, which reviewshould be for a period of up to two (2) daysas the Financial Committee deemsnecessary. The Financial Committee shallidentify and thoroughly review arepresentative number of randomlyselected financial documents in eachcategory to be audited. Any member of theFinancial Committee shall have the rightto expand the extent of his review beyondthe random sampling selected by theCommittee as a group. More than one (1)member of the Committee need not reviewany given document unless there appearsto be a problem with a document.Additionally, an independent auditorshould either be on site or available bytelephone to provide interpretation andguidance to all members of the Committeewhile they are conducting their review.

(c) Negotiating and Strike Committees

When the National Executive Committeedetermines that a Negotiating Committeeis necessary, one (1) shall be elected inaccordance with Article XII, Section 3.

The Negotiating Committee shallrepresent the Union in all negotiations forcontracts and changes in contracts.

A Port may establish a similar Committeefor itself, provided permission by theNational Executive Committee has beenobtained. The Port Negotiating Committeeshall submit a report andrecommendations upon completion of thenegotiations. In such event, the PortNegotiating Committee shall forward itsreport and recommendations, togetherwith comments by the National VicePresident, or the National Officer officiallyin charge designated by the NationalPresident to the National President whoshall then cause the report andrecommendations to be submitted to theNational Executive Committee, togetherwith any report and recommendationswhich the National President deemsdesirable to make. In no event shall aNegotiating Committee obligate thisUnion or any Port without the priorapproval of the National Executive Board.

The National Executive Committee shalldecide when any strike shall begin andend. A three (3) person Strike Committeedesignated by the National President shallbe charged with the preparation, executionand termination of a strike plan binding onall members and other persons affiliatedwith this Union, when approved by theNational Executive Committee.

(d) All Committees set forth in this Section4 shall carry out such other duties as theNational Executive Committee may direct.

(e) The term of any elected Committeemember shall continue so long as is

necessary to complete the Committee’sfunction unless terminated sooner by theNational Executive Committee.

Section 5.

Vacancies

Should a vacancy occur in any electiveoffice by death, resignation or other cause,the National President may designate asuccessor, who must otherwise bequalified to fill said office, until the nextelection of National Officers.

ARTICLE IX

Term of Office; Wages of Elected

National Officers;


Members; Employees and Others

Section 1.

The term of office for each of the NationalOfficers and National Executive BoardMembers specified in Article XI and suchadditional National Officers and NationalExecutive Board Members included in theNational President’s pre-balloting reportshall be four (4) years.

Section 2.

The compensation to be paid the holder ofany office, or other elective position, forwhich a Union-wide vote is held, shall bedetermined, from time to time, by theNational Executive Board.

Section 3.

All other classifications of employeesshall be hired, discharged andcompensated as recommended by theNational President and approved by theNational Executive Board.

Section 4.

Unless modified by a majority vote of theUnion Membership, the NationalPresident, with approval of the NationalExecutive Board, may contract for, orretain, the services of any person, firm orcorporation, not employees of this Union,when it is deemed in the best interest ofthis Union.

ARTICLE X

Qualifications for National Offices

Section 1.

Eligibility requirements for all electiveNational Offices of this Union shall be asfollows:

(a) The nominee must be a member fortwo (2) years prior to the date of thecommencement of the nomination periodand must be a member in good standing ofthis Union at the time of nomination, andat the time of election; and

(b) The nominee must have either 180days of employment, including days ofvacation, with companies party to acollective bargaining agreement with thisUnion, during each of any two (2) fullcalendar years of the three (3) full calendaryears immediately preceding the electionyear or equal time served as a full time andpaid elected official of this Union or fulltime employee of any Plan, Committee orsimilar entity created by agreement withthe Union and one (1) or more contracted

employers or combination thereof.

(c) No member may be a nominee whohas been found guilty of an act or actsdetrimental to the Union within five (5)years from the date of such finding asfinally determined under this Constitution.

(d) No member may be a nominee forelective office after reaching age 70.

Section 2.

No member can accept nomination as acandidate or be a candidate for more thanone (1) office in any AMO election.

Section 3.

All candidates for, and holders of otherelective positions not specified in ArticleXI shall be members in good standing ofthis Union and meet all other eligibilityrequirements for office specified inSection 1 above.

Section 4.

All candidates for, and holders of electiveoffices and positions, whether elected orappointed in accordance with thisConstitution, shall maintain theirmembership in good standing at all times.Failure to do so shall result in ineligibilityto be a candidate for or to hold such officeor position, and shall constitute a vacancyin such office or position.

ARTICLE XI

Election of National Officers and


Members: National President,

National Secretary-Treasurer,

National Executive Vice President,

National Vice Presidents

Section 1.

(a) Notice of Nomination and Election.Notice to the membership for nominationand election to any AMO office or positionshall be given in accordance withapplicable law and regulations.

(b) Nominations.

Any member may submit the member’sown name or the name of any othermember for nomination for any officeincluding National President, NationalSecretary-Treasurer, National ExecutiveVice President and National Vice Presidentby delivering in person or by registeredmail or U.S. Postal Service Express Mailor its non-fax private courier equivalent aletter addressed to the CredentialsCommittee in care of the NationalPresident at the address of NationalHeadquarters. The letter shall contain onlythe information required by this Section.Any other documentation or material notrequired by this Section included with thisletter shall be returned to the member bythe Credentials Committee. The NationalPresident or his designee is charged withthe safekeeping of these letters and shallturn them over to the CredentialsCommittee.

The letter shall be dated and shall containthe following:

(1) The full name of the nominee, and, ifthe nominee wishes, any special name toappear on the ballot;

4 ✯ January 2015

(2) The nominee’s home address andmailing address;

(3) The nominee’s book number;

(4) The title of the office or other positionfor which the member is a candidate;

(5) Proof of employment required forcandidates shall be as specified in ArticleX, Sections 1 and 3. Proof of employmentshall be demonstrated by submission ofsigned letters from AMO contractedemployers, AMO or the AMO Plans,originals or copies of certificates ofdischarge or pay vouchers from AMOcontracted vessels, or signed vouchersfrom the AMO Vacation Plan.

(6) Annexing a certificate in the followingform, signed and dated by the proposednominee:

“I hereby certify that I am not now, norhave I been for the five (5) years last past,convicted of, or served any part of a prisonterm resulting from conviction of robbery,bribery, extortion, embezzlement, grandlarceny, burglary, arson, violation ofnarcotics laws, murder, rape, assault withintent to kill, assault which inflictsgrievous bodily injury, or violation ofTitles II or III of the Landrum-Griffin Act,or conspiracy to commit any such crime.

“However, with respect to any of thecrimes specified below wherein aconviction occurred on or after October12, 1984 or wherein an appeal waspending from such conviction on or afterthat date I hereby certify that I have notbeen convicted of or served any part of aprison term resulting from conviction ofrobbery, bribery, extortion, embezzlement,grand larceny, burglary, arson, violation ofnarcotics laws, murder, rape, assault withintent to kill, assault which inflictsgrievous bodily injury or violation ofsubchapter III or IV of Chapter 11 of Title29 U.S.C. or any felony involving abuse ormisuse of such person’s position oremployment in a labor organization oremployee benefit plan to seek or obtain anillegal gain at the expense of the membersof the labor organization or thebeneficiaries of the employee benefit planor conspiracy to commit any such crimesor attempt to commit any such crimes, or acrime in which any of the foregoing crimesis an element; for a period of 13consecutive years last past, or, if so, I havereceived legal permission from theappropriate governmental agencyexcusing me from compliance with thisprohibition. Proof of any such legalpermission is attached to thiscertification.”

(c) The nominating letter must reachNational Headquarters no earlier than thecommencement of the June NationalHeadquarters regular membership meetingand no later than the commencement of theJuly National Headquarters membershipmeeting of the election year.

(d) In the case of any regular election forany office of this Union any member hasthe right to nominate himself or any othermember provided that where a memberhas been nominated by another memberthe nominee must, within two (2) weeksafter receipt of notification that themember has been nominated, submit therequired letter of acceptance in the sameform and containing the same informationas required in the case where a member

has nominated himself.

(e) Notice as to the time for nominationsfor candidates for each election shall besent to the last known address of eachmember no later than 15 days nor morethan 30 days prior to the commencementof nominations.

Section 2.

Credentials Committee

(a) A Credentials Committee consisting offive (5) members and two (2) alternates,members in good standing, who are inattendance shall be elected at the regularJuly membership meeting.

No National Officer or candidate for officeor position shall be eligible for election tothis Committee. The Committee decisionsshall be by majority vote with any tie votebeing resolved by a majority of themembership at special meetings called forthis purpose at the National HeadquartersCommittee Members shall elect aChairman.

(b) After its election, the Committee shallassemble at National Headquarters as soonas practicable and shall receive allnomination letters in the care of theNational President or his designee. It shalldetermine whether the person hassubmitted his nomination correctly andpossesses the necessary qualifications. TheCommittee shall prepare a report listingeach nominee and his book number underthe office or position he is seeking. Eachnominee shall be marked “qualified” or“disqualified,” according to the findings ofthe Committee. Where a nominee has beenmarked “disqualified,” the reason must bestated in the report. The report shall besigned by all the Committee members andbe completed and submitted to NationalHeadquarters in time for the next regularmembership meetings after their election.At the meetings, the report shall be readand incorporated in the minutes.

(c) When a nominee has been disqualifiedby the Committee, the nominee shall benotified immediately by certified mail,U.S. Postal Service Express Mail or itsnon-fax private courier equivalent ore-mail to the nominee’s listed home andmailing address. The nominee shall also besent a letter containing the reasons for suchdisqualification by certified mail to thenominee’s home address and mailingaddress. A disqualified nominee shall havethe right to take an appeal to themembership from the decision of theCommittee. Such appeal must be inwriting and must be forwarded to NationalHeadquarters not later than 14 days afterthe date of the mailing of the notice ofdisqualification. In all events, thepostmark date or date on the certified mail,U.S. Postal Service Express Mail or itsnon-fax private courier equivalent ore-mail shall govern. In any event, withoutprejudice to his written appeal, thedisqualified nominee may appear inperson before the Committee within two(2) days after the date on which thecertified mail, U.S. Postal Service ExpressMail or its non-fax private courierequivalent or e-mail is sent, to correct hisapplication or argue for his qualification.

(d) The Committee’s report shall beprepared early enough to allow thedisqualified nominee to appear before itand still reach National Headquarters in

time for the next regular membershipmeeting.

(e) A majority vote of the membership atthis meeting shall, in the case of suchappeals, be sufficient to overrule anydisqualification by the CredentialsCommittee, in which event the individualso previously disqualified shall then bedeemed qualified. Unless so overruled, theCommittee’s report shall obtain.

(f) Each member of the Committee shallbe paid the rate of $300.00 per day andreimbursed for legitimate out-of-pocketexpenses.

(g) If the Credentials Committee findsthere is only one (1) person qualified forany elective office or position, that personshall be declared to have been electedwithout the necessity of an election.

(h) Unless otherwise provided for aspecific office, in the event the CredentialsCommittee determines there is not aqualified candidate for an office orposition, the National Executive Boardshall designate a member in good standingto fill the office or position until the nextgeneral election. Upon such designationbeing accepted, the provisions of ArticleXI, Section 2(g) shall govern the selectionof the designee.

Section 3.

Balloting Procedure

(a) (i) The National President, subject tothe approval of the National ExecutiveBoard shall, not later than July 1st of eachelection year, designate an independentmailing and balloting service to administerthe election. The duties of suchindependent mailing and balloting serviceshall include supervising the printing andmailing of the ballots, ensuring the secrecyof and inaccessibility to the Depositoryduring the election, mailing of duplicateballots and receipt of written requests frommembers, supervising the ballot collectionand tallying procedure with the TallyingCommittee and to take such othermeasures as the independent mailing andballoting service may deem necessary toensure a fair and impartial election. Inthe event the independent mailing andballoting service is unable to fulfill itsduties as determined by the NationalExecutive Board, the National Presidentshall replace the independent mailing andballoting service with another suchservice.

(a) (ii) The National President shall ensurethe proper and timely preparation ofballots by the independent mailing andballoting service. The ballots so preparedshall be the only official ballots. Theballots may contain general informationand instructive comments, not inconsistentwith the provision of this Constitution. Allqualified candidates shall be listedalphabetically within each category. Nowrite-in votes shall be permitted. Allqualified nominees shall be entitled totimely notice of the date, time, andlocation of the preparation of ballots.Individuals must be members in goodstanding of this union to observe thepreparation of ballots.

(b) The ballot shall be enclosed in anenvelope which shall have on its face theword “Ballot.” This envelope, with ballotenclosed, shall be enclosed in an outer

envelope, which shall have on its face anofficial number which shall correspondwith an official number assigned to eachmember. Lists of the names of themembership, together with thecorresponding official numbers, shall bemade available to the Tallying Committeefor the purpose of checking, at the time ofthe count, the voting eligibility ofmembers whose ballots have beenreceived. The official numbers shall beconsecutive, commencing with Number 1.A sufficient amount of envelopes andballots shall be printed and distributed. Arecord of the ballots, by amount, shall bemaintained by the National President.

(c) Such outer envelope shall be addressedto the Depository designated by theNational President pursuant to ArticleVIII, Section l. (f) of the Constitution toensure the secrecy of the ballot and shallbe held in safekeeping by the Depository,which shall be in the same County whereNational Headquarters is located. TheDepository shall be secured and paid forby the Union. During the balloting period,the Depository shall only provide access tothe designated independent mailing andballoting service. At the conclusion of theballoting period, the depository shall onlyprovide access to the designatedindependent mailing and balloting serviceand elected Tallying Committee. Theouter envelope shall have a return addressto a post office box in the same county inthe state where National Headquarters islocated. In addition, only the independentmailing and balloting service shall haveaccess to the designated post office boxselected by the National President. Theindependent mailing and balloting serviceshall take ballots returned to the post officebox as undeliverable to NationalHeadquarters and oversee the remailing ofthe return envelope, affixing the mostrecent address for the member whoseoriginal ballot envelope was returned tothe designated post office box.

(d) The ballots shall be secret and must becast by mail. Ballots which contain thesignature of any voter or otherdistinguishing marks shall be void.

(e) Ballots shall be sent to the member’slast known residence or last knownmailing address, as indicated in the recordsat National Headquarters. Members willhave the opportunity to request theirballots be sent to them aboard theirvessels.

(f) A member shall be entitled to write tothe independent mailing and ballotingservice, c/o National Headquarters, for aduplicate Ballot and receive same by mailprovided he states in his letter that he hasnot received his ballot or that his ballot hasbeen lost or mutilated so that it can not beused. All duplicate ballots shall be markedeither by color or serial number to identifythem as such. Duplicate ballots shall becounted unless the original and duplicateballots mailed to the member are both cast,in which event neither shall be counted.Each duplicate sent by the independentmailing and balloting service shall berecorded on a list maintained by theindependent mailing and balloting service.The list shall be included in the electionrecords, which are to be preserved inaccordance with Article XI, Section 4(j).

(g) All members shall be mailed ballots onSeptember 1st of the election year, unlessSeptember 1st falls on a Saturday or

January 2015 ✯ 5

Sunday, then the ballots will be mailed onthe previous Friday; the ballots are to bereturned as provided in subparagraph (h)herein. In order for the member’s ballot tobe counted, the member must be in goodstanding for the quarter in which the ballotcast is to be counted, with such standingestablished not later than November 30thof the election year.

(h) Voting shall thereupon commence andcontinue through December 1st inclusive.If December 1st falls on a holiday, or aSunday, balloting shall end on the nextsucceeding business day. Ballots receivedafter December 1st or the next succeedingbusiness day shall be disqualified.Members who become in good standingafter September 1st but on or beforeNovember 15th shall be mailed a ballot,which must be received by mail on orbefore December 1st or the nextsucceeding business day, if December 1stis a Sunday or Holiday, in order to becounted.

(i) Elections shall be held at regular four(4) year intervals for National Officers.Elected National Officers are to beinstalled in office as of midnightDecember 31.

Section 4.

Ballot Collection, Tallying Procedure,

Protests and Special Votes

(a) A Tallying Committee consisting offive (5) members and two (2) alternates, ingood standing, shall be elected from thosein attendance at special meeting called bythe National President or the NationalOfficer officially in charge designated bythe National President, at Headquarters onthe Monday morning in the weekpreceding the week of the regularDecember meetings for the expresspurpose of electing a Tallying Committee.Five (5) members and two (2) alternateshall be elected at Headquarters. NoNational Officer or candidate for office orposition shall be eligible for election tothis Committee. The Committee Membersshall elect a Chairman and Secretary.

The elected Tallying Committee shall,with the independent mailing and ballotingservice, proceed to the Depository in thePort of Dania Beach, Florida with anempty ballot box prior to the closing of thebank on the day of the regular Decembermeeting.

The independent mailing and ballotingservice and the Tallying Committee shallremove all the ballots from the Depository,count the ballot envelopes and place themin the empty ballot box in the presence ofany member in good standing who may beobserving.

The independent mailing and ballotingservice and the Tallying Committee shallthen seal this box and return it to NationalHeadquarters, where it shall remain sealedand in the custody of the independentmailing and balloting service and TallyingCommittee until such time as the ballotbox is opened and the ballots are checkedand counted.

(b) The independent mailing and ballotingservice and the Tallying Committee arecharged with the tally of all the ballots andpreparation of a report setting forth incomplete detail the results of the election,including a complete accounting of all

ballots and ballot envelopes, andreconciliation of the ballots and ballotenvelopes with the rosters and verificationlists of membership. The report shallclearly detail all discrepancies discoveredand shall contain recommendations for thetreatment of these discrepancies. Theindependent mailing and balloting serviceand all members of the Committee shallsign the report, without prejudice howeverto the right of any Committee member tosubmit a dissenting report as to theaccuracy of the count and the validity ofthe ballots, with pertinent details.Only members in good standing shall beentitled to be present as observers at thetallying of the ballots.

(c) The independent mailing and ballotingservice and the Tallying Committee arealso charged with the receipt andevaluation of written protests by anymember who claims an improper denial ofthe right to vote. If they find the protestsinvalid, they shall dismiss the protests andso inform the protesting member, bye-mail or overnight mail on the day ofdismissal.

If they find the protests valid, and the voteor votes can affect the outcome of theelection, the independent mailing andballoting service and the Committee shallorder a special election for the office soaffected on such terms as are practical. Ifthe Tallying Committee and independentmailing and balloting service order aspecial election, on finding one (1) ormore protests valid, such order shall besubject to approval or disapproval by amajority of the membership at the nextregularly scheduled membership meetingat Headquarters. The report of theindependent mailing and balloting serviceand the Committee shall include a briefsummary of each protest received, thename and book number of the protestingmember, and a summary of the protest’sdisposition.

(d) The independent mailing and ballotingservice and the Tallying Committee shallcommence proceedings on the same day asthe ballots are collected and shall completethe proceedings as soon as possible. Theindependent mailing and balloting serviceand the Tallying Committee may, at theirsole discretion, retire for the evening eventhough their task has not been completedand shall return to a sealed box all ballotsand envelopes and ensure the custody andsecurity of the ballots and envelopes untilthe resumption of their duties by thecommittee the following day no later than9:00 A.M.

Each member of the Committee shall bepaid the rate of $300.00 per day, asdetermined by the National ExecutiveBoard, and reimbursed for legitimate outof pocket expenses.

The proceedings of the independentmailing and balloting service and theCommittee, except for the actualpreparation of the report and dissents, ifany, shall be open for observation to anymember in good standing.

The independent mailing and ballotingservice and the Tallying Committee shallfile a tally of the Ballots cast within 24hours after the completion of the ballotcount.

(e) The December regular membershipmeeting at Headquarters in the election

year shall be held in recess by the NationalPresident or National Officer officially incharge designated by the NationalPresident until the independent mailingand balloting service and TallyingCommittee have completed their work.

The meeting shall be officially reconvenedin order to receive the preliminary reportincluding the tally of the independentmailing and balloting service and TallyingCommittee. A majority of the membership,at that meeting, may order a recheck andrecount where a dissenting report has beenissued by one (1) or more members of theTallying Committee.

(f) The candidate or candidates receivingthe highest vote shall be deemed elected.In the event of a tie vote for office, theNational President shall, within 10 days,direct a runoff election among thecandidates receiving the tie vote; therunoff election shall be a mail ballotreferendum conducted for a 90-day periodin accordance with the provisions of thisArticle.

(g) Any challenge to the conduct of theelection of National Officers (other thanappeals by disqualified nominees forcandidacy governed by Section 2 of thisArticle) shall be made not later than 20days from the date of the preliminaryreport and tally of the Tallying Committee.Such challenge must be in writing andsigned by the complaining member ormembers and shall be sent by certified orregistered mail to the National ExecutiveBoard, in care of the National President.The National Executive Board shall holdhearings and shall make its decision onsuch challenge within 30 days after theconclusion of the hearings and in anyevent not less than 60 days after receipt ofthe challenge. If a recount is held pursuantto subparagraph (e) of this Section and achallenge to the conduct of the originalcount shall have been made prior to thedecision to hold such recount, thechallenge shall be deemed null and void.After the recount, if any, the complainingmember or members may renew suchchallenge in accordance with subsection(g) of this Article.

(h) The decision of the National ExecutiveBoard may be appealed by thecomplaining member or members, inperson or in writing, to the membership atthe first regular membership meetingswhich next follow the receipt by theNational President of written notice ofappeal. The written notice of appeal mustbe received within 20 days after the date ofmailing or notification of the decision ofthe National Executive Board to thechallenging member. If the notice ofappeal is received by the NationalPresident less than five (5) business daysbefore the first such regular membershipmeetings, then the appeal shall bepresented to the next regularly scheduledmembership meetings. A majority of themembers voting at such meetings shallcontrol. The action of the NationalExecutive Board and the membership onany such appeal shall be final.

(i) The final report by the independentmailing and balloting service, the TallyingCommittee and the National President,under this Article, shall be entered in theminutes of the next membership meeting.

(j) The National President is directed andauthorized to issue other directions as to

the election procedures as are required bylaw. These directives shall be part of theelection procedures of this Union. TheNational President is specifically chargedwith the post-election preservation andretention of all election records, includingthe ballots, as required by law.

Section 5.

Installation into Office

(a) The candidate elected shall be thatperson receiving the highest number ofvotes cast for the particular office orposition. Where more than one (1)candidate is to be elected for a particularoffice or position, the proper number ofcandidates receiving the successivelyhighest number of votes shall be declaredelected. It shall be the duty of the NationalPresident to advise each candidate whichcandidate or candidates were electedwithin seven (7) days of receipt of the finalreport of the Tallying Committee and theindependent mailing and balloting service.

(b) The duly elected National President,National Secretary-Treasurer, NationalExecutive Vice President, and NationalVice Presidents, elected shall take theirrespective positions and assume the dutiesthereof at midnight December 31st. At thattime, the terms of their predecessors shallexpire. This shall not apply where thesuccessful candidate for NationalPresident cannot assume his office becausehe is at sea, in which event the provisionsof Article VIII, Section 1(l) dealing withsuccession shall apply until such office isassumed.

(c) Before assuming office, all electedOfficials, shall take the following oath:

“I......, do hereby sincerely pledge myhonor to perform the duties of my office asdescribed by the Constitution, and touphold this Constitution to the best of myability. I will deliver to my successor inoffice all books, papers and other propertyincluding all computer files, hardware andsoftware of this Union that may be in mypossession at the close of my official term.Further, I do solemnly swear (or affirm)that I am not a member of any organizationwhich advocates the overthrow of theGovernment of the United States by force,violence or other subversive orunconstitutional methods, and during myterm of office, I will not knowingly aid orsupport the activities of any such party ororganization.

“All this I solemnly promise with the fullknowledge that to violate this pledge is tostamp me as a person devoid of principleand destitute of honor.”

Section 6.

Incumbent officials of the Union shallcontinue to hold office until successors areelected, qualified and installed.

Section 7.

Vacancies Occurring Between CredentialsCommittee Report and Start of Election

(a) In the event a candidate for contestedoffice who has been found “qualified” bythe Credentials Committee dies, orbecomes permanently incapacitated orbecomes disqualified following issuanceof the Credentials Committee Report andprior to commencement of balloting, the

6 ✯ January 2015

commencement of balloting for NationalOfficers and National Executive Boardmembers shall be postponed to October20th of the Election Year to allowadditional nominations with notice to allmembers by mail at their last knownaddress for the contested office(s) in whicha death or permanent disability ordisqualification has occurred and all othercontested offices. Additional nominationsof National Officers as ordered by theNational Executive Board shall occur inSeptember of the Election Year. Thepreviously elected Credentials Committeeshall reconvene in early October and issuea supplementary Report in time for theOctober Membership meeting. Theelection of all contested Offices shall beconducted from October 20th when ballotsare mailed to December 21st inclusive. Ifeither date falls on a holiday or Sunday,balloting shall commence or end, as thecase may be, on the next succeedingbusiness day. Ballots received afterDecember 21st shall be disqualified. TheTallying Committee shall be elected asprovided in Article X, Section 4 (a) of theConstitution and proceed to collect theballots at the Depository in BrowardCounty, Florida in the morning on the nextbusiness day after the close of the ballotingperiod. The Tallying Committee shall pickup the ballots and tally same as specifiedin Article X, Section 4 and issue its report,along with a dissenting report, if any, tospecial membership meetings called solelyfor this purpose prior to December 31st ofthe Election Year at Headquarters.

(b) If a vacancy shall occur amongst thecandidates for a contested National Officecaused by death, permanent incapacity orother disqualification of a candidatesubsequent to 12:01 a.m. on the date theballoting period commences and prior to12:00 midnight on the date the ballotingperiod ends in the Union’s Election year,such vacancy shall not be filled and thevotes cast for such deceased, incapacitatedor otherwise disqualified candidate shallbe counted by the Tallying Committee. Ifsuch candidate shall have received thehighest number of the votes cast, avacancy shall exist in that office and shallbe filled in the manner provided in thisConstitution for vacancies in officeoccurring by reason of death after electionand assumption of the National Office asprovided in Section 1 and Section 5 ofArticle VIII of this Constitution by theNational Executive Board with thedesignated successor taking office on thedate the vacancy is deemed to exist.

(c) In the event a candidate for ElectiveOffice, who has either been declaredelected by the Credentials Committeepursuant to Article XI, Section 2(g) of theAmerican Maritime Officers NationalConstitution or who has received thehighest number of votes cast as reportedby the Tallying Committee andindependent mailing and balloting servicedies, is permanently incapacitated orotherwise disqualified before beinginstalled in Office, the Office shall bedeemed vacant and filled in accordancewith this National Constitution.

ARTICLE XII

Other Elections

Section 1.

Financial Committee

The Financial Committee shall consist ofthree (3) members in good standing whoshall be elected at the NationalHeadquarters meeting at the secondregular membership meeting held after theclose of the six (6) months and year end ofthe Union’s fiscal year for which theCommittee is to make the required audit. Ifno quorum is present on that date, a specialmeeting shall be called within one (1)week for the sole purpose of electing aFinancial Committee. No member shall beelected unless in attendance at themeeting. No National Officer or employeemay be elected to serve on the FinancialCommittee.

Section 2.

Trial Committee

A Trial Committee shall be elected at aregular membership meeting at NationalHeadquarters where the trial will takeplace. It shall consist of five (5) membersin good standing, of which three (3) shallconstitute a quorum. No National Officeror employee may be elected to serve on aTrial Committee. No member who intendsto be a witness in the pending trial mayserve, nor may any member who cannot,for any reason, render an impartialdecision. It shall be the duty of everymember to decline nomination if heknows, or has reason to believe, any of theforegoing disqualifications apply to him.The members of this Committee shall beelected under such generally applicablerules as are adopted by a majority vote ofthe membership. No member shall be soelected unless in attendance at themeeting.

Section 3.

Negotiating Committee

(a) The members of the NegotiatingCommittee shall be elected by a majorityvote of the membership in that fleet for thecontract being negotiated.Notwithstanding anything to the contraryin this Constitution, the NationalExecutive Board may be constituted as theNegotiating Committee.

(b) In the event there is a need for a StrikeCommittee, the National Executive Boardwill act as the Strike Committee. TheNational President shall act as Chairmanand may designate a working committee ofnot less than two (2) National ExecutiveBoard members and two (2) rank and filemembers, all of whom shall report to thefull National Executive Board as needed.

Section 4.

Unless otherwise specified herein, allCommittees shall be elected when and asrequired.

Section 5.

Reading Clerk and Recording Secretary

At each official regular or specialmembership meeting held atHeadquarters, the membership shall bymajority vote elect a Reading Clerk and aRecording Secretary, who shall serve insuch capacity for that meeting only.

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ARTICLE XIII

Code of Trial by Charges

Section 1.

All violations of this Constitution, laws,rules, regulations or Shipping Rules of thisUnion shall be tried by this Union and ifcharges are proven, the penalties imposedshall be enforced by this Union.

Section 2.

When a member of this Union is accusedof an offense which, if proven, wouldsubject him to a penalty, the proceedingsshall be conducted in accordance with thefollowing rules:

(a) The accusation shall be made inwriting, and it shall state the charges andthe specifications upon which thesecharges are based. The accusation shallalso specify the time and place of thealleged offense as nearly as can bedetermined. Once the charges andspecifications are received at NationalHeadquarters, the National Secretary-Treasurer shall notify the accused of thecharges and specifications. At thediscretion of the National President, anddepending upon the gravity of the allegedoffense, the accused shall be given theopportunity to sign a Waiver of Charges inlieu of trial within 30 days of notificationand accept the penalty proposed in thewaiver. The Waiver of Charges shall beprovided by a member of the NationalExecutive Board as directed by theNational President. If the accused doesnot sign the Waiver of Charges, thecharges and specifications shall beprocessed in accordance with this Article.

(b) The charges and specifications shall bepresented at successive regular monthlymembership meeting at Headquarters,signed by two (2) or more members ingood standing and, if accepted by amajority vote of the attending members,the National Secretary-Treasurer shallnotify the accused member immediatelythat charges have been preferred againstthe member and shall serve or cause to beserved upon the accused by mail, directedto the accused’s last known address withthe postage prepaid, a copy of the chargesand specifications, together with a noticedirecting the accused to be present at ameeting of the Trial Committee. Thenotice shall specify the date and time ofthe hearing before the Trial Committeewhich shall take place at NationalHeadquarters not less than 30 days fromthe date the notice is mailed. For goodcause, the Trial Committee may extend thetime at which the hearing will take place.In the event the accused does not attendthe hearing, the Trial Committee mayproceed in his absence.

(c) No other persons other than theaccused, accusers and their counsel shallbe present at the trial without the consentof the Trial Committee. The TrialCommittee shall be entitled to have legalcounsel present.

(d) Each witness shall be examinedseparately and apart if desired by theaccused or accuser and all testimony shallbe transcribed. The cost of the copies ofthe transcript shall be borne by the Union.

(e) At the hearing, the Trial Committeeshall give the accused, the accuser, or theircounsel, an opportunity to presentevidence or argument as to the guilt orinnocence of the accused, as set forth inthe charges and specifications.

(f) The accused and the accusers shall havethe benefit of counsel if they desire,provided said counsel shall be a member ingood standing of this Union.

(g) The Trial Committee shall within 30days of the close of the hearing issue itsdecision as to the guilt or innocence of theaccused and the penalty, if any, to beimposed.

(h) The Decision and Recommendation ofthe Trial Committee shall be submitted tothe membership at the next regularlyscheduled monthly membership meetingat Headquarters. The record, including thetranscript, if any, shall also be transmittedby the Trial Committee. The members ofthe Union present at the meeting, shalldecide by vote upon the guilt or innocenceof the accused, a two-thirds vote of themembers voting being necessary toconvict; such vote shall be taken on eachseparate specification. If convicted, themembers of this Union shall then by a two-thirds vote declare a degree of punishment.

(i) The Committee shall have power tosummon and interview persons andsummon papers on behalf of the partiesand to procure from the NationalSecretary-Treasurer such summons in aform as may be necessary for that purpose,and may adjourn the hearing from time totime at its discretion.

(j) In the event a National Officer of theUnion is accused by a member, orally or inwriting, of any misconduct or nonfeasancein office, said National Officer shall havethe right, at his option, to file chargesagainst such member with the NationalExecutive Board. Upon the filing ofcharges, all proceedings to be followedshall be the same as in the case of chargesfiled against an elected official underArticle XXIII hereof, and any penalty, ifimposed, shall be in accordance with

Article XIV hereof.

ARTICLE XIV

Penalties

Section 1.

Any member found guilty in accordancewith the procedures of this Constitutionshall be subject to the degree ofpunishment as follows:

(a) Public reprimand.

(b) Fined for each proven offense.

(c) Fined for each proven repetition ofoffense.

(d) Suspended pending reinstatement.

(e) Suspended for a stated period.

(f) Suspended pending payment of dues,fines or assessments.

(g) Dropped from the roll of membership.(h) Dropped from the roll of membershipwith fine or fines charged to his account.

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Section 2.

In no case shall the fine for each provencharge exceed the amount of the guiltymember’s Group initiation fee in effect atthe time the Membership determines thepenalty or shall the term of suspensionexceed two (2) years; suspended memberswho are not reinstated at the expiration ofsuch period shall then be dropped from theroll of membership. In cases wheremembers are fined, they may be suspendedpending payment, or they may be given 60days before such suspension is enforced.

Section 3.

Members are not required to pay duesduring the period of disciplinarysuspension. If members are dropped frommembership for any reason, and suchpersons desire reinstatement, they mustpay all their indebtedness to this Unionand make application for reinstatement.

ARTICLE XV

Publications

Section 1.

The Union may publish such pamphlets,journals, newspapers, magazines,periodicals and general literature in suchmanner as may be determined by theNational Executive Board.

Section 2.

(a) The AMO and its National Officers,shall not print, publish or distribute anymailing list of its members and shall notgive, sell or otherwise provide any namesand addresses of its members to anyoneexcept for the independent mailingservice, Pension, Medical, Safety &Education, Vacation Plan and other Planpurposes.

(b) The AMO, its National Officers shallnot use the name of AMO as authorizingthe publication of any book, pamphlet,circular or other printed matter, containingany advertisement whatever, nor shallAMO authorize any person or persons todo so, unless approved by the AMONational Executive Committee.

ARTICLE XVI

Bonds

National Officers, whether elected orappointed, as well as all other employeesof this Union, shall be required to bebonded under such terms and conditions asmay be determined, from time to time, bythe National Executive Committee,provided however, that elected NationalOfficers whose responsibility it is tohandle the liquid funds of this Union, orwho are empowered to convert securitiesin their possession into cash, shall each berequired to furnish a bond at the expenseof the Union in an amount required by lawbut not less than $25,000.00; such bond isto be executed by a reliable suretycompany and approved by the NationalPresident. The bond, when furnished, shallbe placed in the custody of the NationalPresident, who shall in turn be responsiblefor ascertaining that such bond is kept inforce throughout the term of office of suchelected National Officers. No electedNational Officer who is charged with theresponsibility of handling funds and assets

of the Union may assume office or remainin such office unless a satisfactory bond isin force and effect. It is expressly providedthat the amount and content of the bondand the National Officers to be coveredthereunder shall, at all times, be consistentand in compliance with provisions of anyapplicable law.

ARTICLE XVII

Expenditures

Section 1.

Policies or specific instructions withregard to expenditures to be made orexpenses to be incurred shall bedetermined by the National President inaccordance with this Constitution.

Section 2.

As determined by the National President,monies may be appropriated from thetreasury of the Union for political purposeswhich are permitted by law.

ARTICLE XVIII

Income

Section 1.

The income of this Union shall includereceipts from dues, initiation fees,assessments, contributions, loans, interest,dividends, as well as income derived fromany other legitimate source.

Section 2.

No member shall be required or permittedto pay or deliver any sum of money to anyUnion representative without obtaining atemporary receipt, signed and dated by anauthorized Union official. It is the duty ofthe member to demand such temporaryreceipt in lieu of an official Union receiptto be issued to the member byHeadquarters at a later date.

Section 3.

No assessment shall be levied except aftera vote of the members in good standingconducted under such rules as may bedetermined by the National ExecutiveBoard, subject to these conditions:

(1) The ballot must be secret;

(2) The assessment must be approved by amajority of the valid ballots cast;

(3) Reasonable notice of the intention tovote upon such proposed assessment atMembership meeting shall be given priorto the Membership meeting.

Section 4.

All payments by a member or applicant ofthis Union shall be applied to the monetaryobligations owed to this Union by themember or applicant, commencing withthe oldest as measured from the date ofaccrual of such obligation. The period ofarrearage shall be calculated accordingly.All payments to this Union not made inperson, shall be forwarded to the NationalSecretary-Treasurer at Headquarters.

ARTICLE XIX

Formulation of Shipping Rules

Section 1.

Shipping Rules, containing the details for

registration and assignment of jobs andrules governing conduct and procedureshall be issued by the National ExecutiveBoard. Shipping Rules shall be Unionpolicy.

Section 2.

The National Executive Board may makespecial exceptions or rules for anycompany or vessel for organizationalpurposes.

ARTICLE XX

Quorums

Section 1.

The quorum for a regular or a specialmeeting at Headquarters shall be five (5)members.

Section 2.

The quorum for a National ExecutiveBoard or a National Executive Committeemeeting shall be a majority of itsmembers.

Section 3.

The quorum for any committee meetingshall be the majority of the elected orappointed members in good standing.

Section 4.

The decisions, reports, recommendationsor other functions of any segment of theUnion requiring a quorum to act officiallyshall be that of the majority of the quorumpresent at the officially called or requiredmeeting and shall not be official oreffective unless the quorum requirementsare met.

ARTICLE XXI

Meetings

Section 1.

Headquarters shall hold regular monthlymembership meeting, provided a quorumis present, during the week following thefirst Sunday of every month. Thismembership meeting shall be held onMonday at Headquarters. This meetingshall commence at 1:00 P.M., local time.In the event a quorum is not present at 1:00P.M., the National President or theNational Officer officially in chargedesignated by the National President shallpostpone the opening of the meeting untila quorum is present, but in no event laterthan 1:30 P.M., local time.

Section 2.

Special meetings can be held atHeadquarters or any Port and called onlyby the National President or as directed bythe National President.

Section 3.

Meeting Chairman

(a) The Chairman of each meeting atHeadquarters or any Port, shall be theNational President or a National Officerdesignated by the National President. TheChairman shall keep order under rules oforder specified in this Constitution.

(b) The Meeting Chairman may cast a voteonly in the event of a tie.

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Section 4.

Order of Business

1. Call to Order

2. Election of Recording Secretary andReading Clerk

3. Obligations

4. Reading of the Minutes of previousmeetings

5. Communications and action taken

6. Resolutions and action taken

7. Shipping and Registration Report

8. Ships’ Activity Report

9. Report on Applications forMembership

10. National Secretary-Treasurer’sfinancial report.

11. Election of the Financial Committee orFinancial Committee Report

12. Charges and Election of TrialCommittee, and other specialCommittees

13. Report of National Executive VicePresident and National Officers

14. National President’s Verbal Report

15. Unfinished Business

16. New Business

17. Good and Welfare

18. Adjournment

Section 5.

Rules of Order

1. No motion shall be placed before themeeting unless moved and seconded, or beopen for discussion until stated by theChair. When a motion is before themeeting, the only superseding motions inorder are as follows:

a. To adjourn;

b. The previous question;

c. To postpone indefinitely;

d. To postpone to a specific time;

e. To recommit and refer;

f. To amend;

g. To substitute; and they shall takeprecedence in the order named, thefirst three (3) to be decided withoutdebate.

2. If two (2) or more members rise to speakat the same time, the Chair shall decidewho is entitled to the floor. No membershall speak longer than five (5) minutes, ormore than once upon the same subject orquestion until all who desire have spoken,or more than twice without permission ofthe meeting.

8 ✯ January 2015

3. No motion shall be entertained while amember has the floor, and membersmaking or seconding motions shall riseand address the Chair.

4. No member shall be interrupted whilespeaking, except for a point of order.

5. If a member, while speaking, is called toorder, he shall, at the request of the Chair,take his seat until the question is decided;then, if in order, he may proceed.

6. Unless an appeal is taken, the decisionof the Chair shall be final upon all pointsof order. A majority of all members presentand entitled to vote shall be necessary tosustain an appeal. Any member voting inthe minority may change his vote toaffirmative and give notice that he willmove to reconsider at the next meeting.

7. Any member may call for a division ofthe house on any question when subjectmatter permits, and when three (3)members call for the ayes and nays theyshall be ordered taken by the Chair.

8. When the ayes and nays shall have beentaken, the result shall be noted in theminutes.

9. Rules of Order not herein provided shallbe decided according to Robert’s Rules ofOrder.

ARTICLE XXII

Definitions and Miscellaneous

Provisions Relating Thereto

Section 1.

Incapacity

Unless otherwise set forth herein, the term“incapacity” shall mean (1) any illness orother condition preventing the affectedperson from carrying out his duties formore than 45 days, or (2) suspension fromoffice or membership as provided for inthis Constitution or (3) failure to maintainmembership in good standing in thisUnion. Nothing contained in this Articleshall be deemed to prohibit the temporaryassumption of duties of more than one (1)office, in which event no vacancy shall bedeemed to exist with regard to the officeof the National Officer as designated bythe National President taking over theduties and functions of the one (1)incapacitated. The period of incapacityshall be the time during which thecircumstances exist.

Section 2.

Vacancy and Vacancy Not Caused By an

Incapacity

Unless otherwise set forth, the term“vacancy” and the term “vacancy notcaused by an incapacity” shall be thesame, and shall include failure to performthe functions of any office by reason ofdeath, or resignation or expulsion from theUnion with no further right to appeal inaccordance with the provisions of thisConstitution and failure of an electedoffice holder to maintain membership ingood standing at all times, or creation of anew office which is to be elective.

Section 3.

Majority Vote of the Membership -

Union as A Whole

When applicable to this Union as a whole,the term “majority vote of themembership” shall mean the majority ofall the valid votes cast by members in goodstanding at an official meeting atHeadquarters.

Section 4.

(a) Majority Vote of the NationalExecutive Board

When applicable to the National ExecutiveBoard, “majority vote” or “majority voteof the National Executive Board” shallmean a majority of the votes of thoseentitled to vote.

(b) Majority Vote of the NationalExecutive Committee

When applicable to the National ExecutiveCommittee, “majority vote” or “majorityvote of the National ExecutiveCommittee” shall mean a majority of thevotes of those entitled to vote.

Section 5.

Membership Action

The term “membership action” shall meanthe same as the term “majority vote of themembership.”

Section 6.

Titles

Where the title of any office or position isreferred to in this Constitution, allreferences to it and the provisionsconcerned with it shall be equallyapplicable to whomever is acting in suchoffice or position.

Section 7.

Election Year

The “Election Year” shall mean thatcalendar year prior to the calendar year inwhich elected officials and other electedposition holders are required to assumeoffice.

Section 8.

Applicant in Good Standing

The term “applicant in good standing”shall mean a person seeking admission orreadmission to this Union whose dues arepaid through the current quarter, who hasnot satisfied the initiation feerequirements, and who has been issued apermit number after filing the appropriateapplication for membership and whoseacceptance into membership in this Unionis pending.

Section 9.

Member

The term “member” shall mean a personwho has filed an appropriate applicationfor membership in this Union, fullysatisfied the initiation fee, provided two(2) letters of recommendation frommembers and has been accepted as amember by the National Executive Board.

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Section 10.

Member in Good Standing

The term “member in good standing”means a member whose dues are paidthrough the current quarter and who is notunder suspension or sentence of expulsionas provided by this Constitution.

Section 11.

Membership Book and Permit Number

(a) The term “membership book” shallmean the official certificate issued asevidence of membership in this Union.

(b) The term “permit number” shall meanthe official permit number of applicantstatus issued to applicants upon theapplicant’s first employment assignment.

Section 12.

Meetings

(a) All meetings conducted pursuant tothis Constitution shall be governed byRobert’s Rules of Order unless otherwiseprovided for herein.

(b) Whenever the day on which ascheduled Union meeting or action is totake place falls on a holiday, the meetingor action shall be put off until the nextbusiness day at the same hour.

Section 13.

Calendar Year

The term “calendar year” shall mean a 12month period beginning with January 1st.

Section 14.

Area

The term “area” as used in thisConstitution shall mean Deep Sea Area,Great Lakes Area or Inland Waters Area.

Section 15.

Gender

Whenever the masculine gender is referredto in this Constitution it shall also bedeemed to include the feminine gender.

Section 16.

Counsel

The term “counsel” when used as“counsel” to members during a trial orother proceeding means a member in goodstanding who acts as an advisor.

Section 17.

Suspend and Forgo

The term “suspend” means to defer tosome future date which may not exceedtwo (2) years.

The term “forgo” means permanentlyrelinquish.

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ARTICLE XXIII

Impeachment and Removal from

Office of Elected National Officers

and National Executive Board

Members

Section 1.

Charges and Answer

Charges of misdemeanors in office,malfeasance, misfeasance, nonfeasance,corruption, favoritism, extortion,oppression in office, gross misconduct,habitual drunkenness, or failure toconform to the AMO NationalConstitution or to a National ExecutiveBoard Policy may be filed by a full timeelected National Officer or any three (3)members of the National Executive Board,or by a 10% vote of all members in goodstanding of AMO, at regular MembershipMeetings at Headquarters, against anyelected National Officer of the Union.Such charges shall be filed with theNational President or National Secretary-Treasurer, who shall, within 30 days of itsreceipt, mail a copy to each member of theNational Executive Board and to theNational Officer or National ExecutiveBoard Member so charged. The NationalOfficer or National Executive BoardMember charged shall file a writtenanswer to the charge not later than 30 daysfollowing the mailing of the charges by theNational President or National Secretary-Treasurer.

Section 2.

Trial

Upon the filing of the aforesaid charges,the National Executive Board shalldesignate a Trial Committee, consisting ofthree (3) members who must be full timeand paid elected National Officers of theUnion, at least one (1) of whom shall befrom an area different than the other two(2) members. The Trial Committee shallconduct a hearing at a place and timewhich it shall designate, provided,however, that the date of the hearing maynot be set earlier than 30 days followingthe mailing of the charges by the NationalPresident or National Secretary-Treasurer.

Section 3.

Trial of the Accused

A written record of the hearing shall bemade. There shall be full opportunity forexamination and cross-examination of allwitnesses. The charged National Officer orNational Executive Board Member may berepresented by counsel. The TrialCommittee shall have full authority todetermine the rules of procedure whichshall govern all parties. The TrialCommittee shall have full authority todirect the charged National Officer orNational Executive Board Member toproduce or make available to the TrialCommittee or its designated agent anybooks, records or other documents in thepossession or under the direction orcontrol of the charged party, and to directany such charged party to submit toexamination.

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January 2015 ✯ 9

Section 4.

Decision of the Trial Committee

(a) After a full hearing, the TrialCommittee shall render a written decisionwhich shall be filed with the NationalPresident or National Secretary-Treasurer,who shall distribute copies to the chargedparty, the party or parties who filed thecharges and to each member of theNational Executive Board. Said decisionshall either recommend a dismissal of thecharges in whole or in part, or a suspensionor dismissal from office of the chargedparty, or such other course of action whichit deems necessary to obtain compliancewith this Constitution or AMO policy.

(b) Any decision which calls for thesuspension or dismissal from office of thecharged party shall also contain aprovision relating to the membership ofsaid charged party. In the case of asuspension or dismissal of the chargedparty from office, the charged party’smembership may be suspended, or in thecase of a dismissal, he may be expelledfrom membership. Also in case ofdismissal, the charged party shall bebarred from holding any office, position oremployment in the Union. In the case of asuspension or dismissal of the chargedparty, a vacancy shall be deemed to existand filled in accordance with thisConstitution.

(c) The full record of the proceeding shallbe kept at AMO National Headquarters.

Section 5.

Appeal to the National Executive Board

In the event either the charged party or thecharging parties desire to appeal to theNational Executive Board, notice of theappeal, together with a memorandumsetting forth the exceptions taken and abrief comment, shall be filed with theNational President or National Secretary-Treasurer within 20 days of the mailing bythe National President or NationalSecretary-Treasurer of the TrialCommittee’s decision.

If no such appeal is taken within theprescribed time, the decision of the TrialCommittee shall be presented to themembership during the next scheduledmembership meetings where, if ratified bya majority vote, the decision shall be final.

Section 6.

Decision of the National Executive

Board

The National Executive Board, (nocharged or charging members of theNational Executive Board shall bepermitted to participate in discussions orvote on this appeal) shall meet at the callof the National President and based on theentire record, shall render its decision as tothe acceptance or rejection of the decisionof the Trial Committee in the event anappeal has been taken. Its acceptance orrejection based on the appeal shall be inwriting and conveyed to the charged andcharging parties within 3 days aftermaking its decision, thereafter presented tothe membership during the next scheduledmembership meetings where, if ratified bya majority vote, the decision shall be final.

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Section 7.

Immediate Suspension

If the final decision is against the accused,he shall be automatically suspended orremoved from office or position inaccordance with the final decision, and, inthe case of dismissal, the accused who isfound guilty shall be barred from holdingany future office, position or employmentin the Union.

Section 8.

Criminal or Civil Liability

A decision rendered in favor of or againstany accused under the provisions of thisArticle shall not in any way limit hiscriminal liability or his civil liability underthe law to this Union.

ARTICLE XXIV

Affiliation

Section 1.

(a) The National President or hisauthorized designee, with the approval ofthe National Executive Committee, shallhave the authority to affiliate with anyother Union, group of Unions or anAssociation, provided, that the autonomyof AMO is guaranteed and maintained andthe National President determines this tobe in the best interest of AMO and itsmembership.

(b) There shall be no merger of this Unionwith any other Union without priorapproval by:

1. A majority vote of the NationalExecutive Committee followed by;

2. A majority vote of the members ingood standing by mail ballot referendumunder such terms as may be determined bythe National Executive Committee.

Section 2.

The National Executive Committee shallhave the authority, whenever it maydetermine it is in the best interest of themembership, to submit to a referendumvote among the membership any issues,policy, or action. Any such referendumshall be conducted in accordance with theprocedure outlined in this Constitution forelections except that the time and durationof the vote and all other pertinent detailsshall be set by the National ExecutiveBoard.

Section 3.

By virtue of the affiliation of AMO withthe Seafarers International Union of NorthAmerica, AFL-CIO, the President of theSIUNA shall have the right to attend anymembership meeting of AMO, its NationalExecutive Board or National ExecutiveCommittee with a voice but no voteconcerning the deliberations.

ARTICLE XXV

Amendments

This Constitution shall be amended in thefollowing manner. The National ExecutiveBoard may propose and submit to themembership proposed amendments which,

if approved by a majority vote of themembership, shall be deemed adopted.Such submission may be to themembership at regular monthlymembership meeting at Headquarters orby mail ballot referendum as the NationalExecutive Board may determine.

ARTICLE XXVI

Internal Appeals Procedure

Section 1.

Before resorting to any court, tribunal oragency, any member or applicant formembership must appeal any action ordecision taken by any National Officer,concerning the handling or disposition ofany contractual grievance pursuant to theprocedures set forth in this Article.

Section 2.

The route of appeal is:

FIRST, to the National Executive Board;by written appeal within 60 calendar daysafter the member or applicant is notified ofthe decision or action under challenge; andSECOND, to the membership atmembership meetings.

Section 3.

Procedures at Each Level of Appeal

This Section specifies the procedures ateach level of appeal.

(a) Appeal to the National ExecutiveBoard:

An appeal to the National Executive Boardshall be in writing and postmarked notlater than 60 days after receipt by theappellant of notice of the action ordecision being appealed. The appeal shallbe as specific and detailed as possible, andshall include all information available insupport of the appeal. The appeal shall beaddressed to the National ExecutiveBoard, c/o the National President.

The National Executive Board shallappoint a one (1) member AppealsCommittee to consider the appeal andmake recommendations. This AppealsCommittee shall be composed of amember of the National Executive Board,but shall not include as a member anyNational Officer who has previouslyparticipated in the consideration ordisposition of the contractual grievanceinvolved.

The appeal and any supportinginformation shall be forwarded by theNational President to the designatedAppeals Committee. After a review of theappeal and supporting information, theAppeals Committee may hold a hearing,unless the Committee concludes that nouseful purpose would be served by ahearing in which event the AppealsCommittee, in its discretion, may makerecommendations on the appeal without ahearing. The Appeals Committee shall useits best efforts to complete considerationof the appeal and make a recommendationwithin 60 days, which, together with thefull record, shall be submitted to theNational Executive Board. The NationalExecutive Board shall consider the record,together with the Appeals Committee’srecommendation, and shall make adecision on the appeal. The National

Executive Board shall use its best effortsto render its decision within 60 days ofreceipt of the Appeals Committee’srecommendation, concerning the appealand supporting documentation. AnyNational Officer who has previouslyparticipated in the consideration ordisposition of the contractual grievanceinvolved shall not participate in thedeliberations or decision concerning theappeal in question.

A copy of the decision of the NationalExecutive Board shall be sent to theappellant by the AMO National Secretary-Treasurer by overnight express mail or itsprivate courier equivalent at the lastknown mailing address of the appellant.

(b) Appeal to a Membership Meeting

An appeal to the membership atmembership meeting of this Union fromthe decision made by the NationalExecutive Board shall be made by amember in person or in writing and by anapplicant in writing addressed to theNational Secretary-Treasurer of the AMOwithin 30 days after the member orapplicant is notified by the NationalSecretary-Treasurer of the decision by theNational Executive Board concerning thedecision or action under challenge. Theappeal will be presented at the nextmembership meeting. The NationalSecretary-Treasurer of the Union shallnotify the appellant in writing by certifiedmail, return receipt requested, at the lastknown mailing address of the appellantwithin 60 days after the meeting of theaction taken on the appeal by themembership.

Section 4.

Upon receipt of the decision of themembership, the appellant shall beconsidered to have exhausted his internalappeals.

Section 5.

The following rules, unless otherwiseindicated, shall govern all levels of theappeal procedure:

(a) Contents of Appeal

Any appeal should set forth the action ordecision being appealed, and shouldinclude all information and documents insupport of the appeal. The appeal shouldbe as specific and detailed as possible, andmust be signed by the member(s) orapplicant(s) involved.

(b) Calculation of Time

The time limits of Section 3 of this Articlebegin to run from the time the appellantfirst becomes aware, or reasonably shouldhave become aware, of the alleged actionor decision appealed. In the case of anappeal from a decision of the NationalExecutive Board, the time limit shall beginto run when the appellant first receivesnotice of the decision. For purposes of thisArticle, “day” means a calendar day. Ifmailed, an appeal will be considered filedon the date it is postmarked.

(c) Time Limits for Appeal

To be considered, an appeal must complywith these time limits, if no other timelimit is specifically set forth in thisConstitution: appeal to AMO National

10 ✯ January 2015

Executive Board, 60 calendar days; appealto AMO membership meeting, 30 calendardays.

(d) Extensions of Time

In the case of any appeal, the NationalPresident may waive the time for filing theappeal if warranted by the circumstancesand otherwise not prohibited by thisConstitution.

(e) Compliance Pending Appeal

The decision of the lower tribunal, in allcases, must be complied with before anappeal can be accepted by a higher tribunalin authority, and shall remain in effect untilreversed or modified. The NationalPresident may, upon written application ofan appellant, waive in whole or in partrequirements of such compliance whereunusual circumstances warrant.

(f) Counsel

Any party to an appeal before the NationalExecutive Board shall be permittedrepresentation by counsel, or otherrepresentative of the party’s choice. Unlessotherwise specified in this Constitution,counsel is not permitted before themembership meeting. The party retainingcounsel, or other representative, shall bearany cost of such representation. TheAppeals Committee, or NationalExecutive Board, as the case may be, shallbe entitled to have representation or theassistance of counsel, regardless ofwhether or not any party to an appealchooses to utilize counsel.

(g) Briefs

Any party to an appeal may submit a briefor other written statement of position.

(h) Hearings

Hearings shall be such as determinedappropriate in the discretion of the tribunalconsidering the issue, and shall bring tolight all facts and issues involved. Theappellant and appellee (or theirrepresentatives) shall be required toappear, with such witnesses as they maychoose, and shall answer fully andtruthfully all questions put to them. Theparties shall be afforded full opportunity topresent their respective positions on allmatters bearing on the action, decision, orpenalty under review. A hearing held bythe National Executive Board, through itsAppeal Committee, shall be held at aUnion office, as close as possible to thelocality from which the appeal originatesin order to minimize the expense andinconvenience to the parties.

Section 6.

It shall be the duty of any member,applicant or group of members orapplicants, if aggrieved by any action,decision or penalty imposed, to exhaustfully the member, applicant or groupremedy and all appeals under thisConstitution and the rules of this Unionbefore going to a civil court orgovernmental agency for redress.

ARTICLE XXVII

Savings Clause

The provisions of this Constitution shallbe interpreted and applied in accordance

with all applicable laws. If any provisionof this Constitution shall be declaredinvalid or inoperative by operation of lawor any Court of law, the NationalExecutive Board shall have the authorityto suspend the operation of such provisionduring the period of its invalidity and tosubstitute a provision which meets theobjections to its invalidity and which willbe, to the extent possible, in accord withthe intent and purpose of the invalidprovision. The remainder of thisConstitution or the application of suchArticle or Section to persons other thanthose as to which it has been held invalid,shall not be affected.

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January 2015 ✯ 11

12 ✯ January 2015

Volume 45, Number 4 April 2015 Keel laid for APT tanker Lone … · piece of steel used to build...

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Transcript of Volume 45, Number 4 April 2015 Keel laid for APT tanker Lone … · piece of steel used to build...