Report of Credentials Committee
On Candidates for 2004 Election of Officers, 2005-2008
SIUNA-AGLIWD/NMUWe, the undersigned members of the Credentials Committee, were duly elected at the regular membership meeting held in Headquarters-Port of Piney Point on August 2, 2004. We have examined the credentials of candidates for elective office or job in the Seafarers International Union of North America-Atlantic, Gulf, Lakes and Inland Waters District/NMU for the years 2005-2008, in accordance with Article XI, Section 1, and submit the following report.
Your Committee qualified or disqualified those members who submitted for office based upon the Union Constitution, particularly those provisions contained in Articles XII and XIII. The applicable constitutional provisions are as follows:
ARTICLE XII, Qualifications for Officers, Assistant Vice-Presidents, Port Agents, and Other Elective Jobs.
Section 1. Any member of the Union is eligible to be a candidate for, and hold, any office or the job of Assistant Vice-President, or Port Agent provided:
(a) He has at least three (3) years of seatime in an unlicensed capacity aboard an American-flag merchant vessel or vessels. In computing time, time spent in the employ of the Union, its subsidiaries and its affiliates, or in any employment at the Union's direction, shall count the same as seatime. Union records, Welfare Plan records and/or company records can be used to determine eligibility; and
(b) He has been a full book member in continuous good standing in the Union for at least three (3) years immediately prior to his nomination; and
(c) He has at least one hundred (100) days of seatime, in an unlicensed capacity, aboard an American-flag vessel or vessels covered by contract with this Union or one hundred (100) days of employment with, or in any office or job of, the Union, its subsidiaries and its affiliates, or in any employment at the Union's direction or a combination of these, between January 1 and the time of nomination in the election year, except if such seatime is wholly aboard such merchant vessels operating solely upon the Great Lakes or, if such seatime is wholly aboard tugboats, towboats or dredges and contractual employment thereon is for fixed days with equal amount of days off, he shall have at least sixty-five (65) days of such seatime instead of the foregoing one hundred (100) days; and
(d) He is a citizen of the United States of America; and
(e) He is not disqualified by law. He is not receiving a pension from this Union's Pension Fund, if any, or from a Union-Management Fund to which this Union is a party or from a company under contract with this Union; and
(f) He has not sailed in a licensed capacity aboard an American-flag merchant vessel or vessels within 24 consecutive months immediately prior to the opening of nominations.
Section 2. All candidates for, and holders of, other elective jobs not specified in the preceding sections shall be full book members of the Union.
Section 3. All candidates for, and holders of elective offices and jobs, whether elected or appointed in accordance with this Constitution, shall maintain full book membership in good standing.
ARTICLE XIII, Election for Officers, Assistant Vice-Presidents, and Port Agents.
Section 1. Nominations.
Except as provided in Section 2(b) of this Article, any full book member may submit his name for nomination for any office, or the job of Assistant Vice-President, or Port Agent, by delivering or causing to be delivered in person, to the office of the Secretary-Treasurer at Headquarters, or sending, a letter addressed to the Credentials Committee, in care of the Secretary-Treasurer, at the address of Headquarters. This letter shall be dated and shall contain the following:
(a) The name of the candidate.
(b) His home address and mailing address.
(c) His book number.
(d) The title of the office or other job for which he is a candidate including the name of the Port in the event the position sought is that of Port Agent.
(e) Proof of citizenship.
(f) Proof of seatime and/or employment as required for candidates.
(g) In the event the member is on a vessel, he shall notify the Credentials Committee what vessel he is on. This shall be done also if he ships subsequent to forwarding his credentials.
(h) Annexing a certificate in the following form, signed and dated by the proposed nominee:
“I hereby certify that I am not now, nor, for the five (5) years last past, have I been either a member of the Communist Party or convicted of, or served any part of a prison term resulting from conviction of robbery, bribery, extortion, embezzlement, grand larceny, burglary, arson, violation of narcotics laws, murder, rape, assault with intent to kill, assault which inflicts grievous bodily injury, or violation of Title II or III of the Landrum-Griffin Act, or conspiracy to commit any such crimes.”
Dated
Signature of Member
Book No.
Printed forms of the certificate shall be made available to nominees. Where a nominee cannot truthfully execute such a certificate, but is, in fact, legally eligible for an office or job by reason of the restoration of civil rights originally revoked by such conviction or a favorable determination by the Board of Parole of the United States Department of Justice, he shall, in lieu of the foregoing certificate, furnish a complete signed statement of the facts of his case together with true copies of the documents supporting his statement.
Any full book member may nominate any other full book member in which event such full book member so nominated shall comply with the provisions of this Article as they are set forth herein, relating to the submission of credentials. By reason of the above self nomination provision the responsibility, if any, for notifying a nominee of his nomination to office, shall be that of the nominator.
All documents required herein must reach Headquarters no earlier than July 15 and no later than August 15 of the election year.
The Secretary-Treasurer is charged with safekeeping of these letters and shall turn them over to the Credentials Committee upon the latter's request.
In order to ascertain the meaning of the term "member in good standing" which is used in Article XII, Subsection 1(b), the Committee referred to Article XXIV, Section 9 of our Constitution which reads as follows:
“Section 9. The term ‘member in good standing’ shall mean a member whose monetary obligations to the Union are not in arrears for thirty days or more, or who is not under suspension or expulsion effective in accordance with this Constitution. Unless otherwise expressly indicated, the term 'member' shall mean a member in good standing.”
Your Committee sought guidance from the Union's General Counsel and the Secretary-Treasurer as to whether this section would apply to a member who is unable to pay dues because of employment aboard an American flag merchant vessel as stated in Article III, Section 3(e). Your Committee was advised that, in keeping with past practice and constitutional interpretation, the same thirty (30) day grace period should be applied in these situations. Accordingly, when a member who is working on foreign articles leaves the vessel, the dues for the applicable quarter must be paid within thirty (30) days from the date of discharge in order to maintain good standing.
Your Committee also referred to Article XXIV, Section 13 for the definition of the term "seatime". This section reads as follows:
“Section 13. The term 'seatime' shall include employment upon any navigable waters, or days of employment in a contracted employer unit represented by the Union.”
We also noted in Article XXIV, Section 14, the meaning of the term "in an unlicensed capacity aboard an American-flag merchant vessel or vessels." This portion of the Constitution reads as follows:
“Section 14. The term "in an unlicensed capacity aboard an American-flag merchant vessel or vessels' shall include persons employed in an unlicensed or licensed capacity aboard dredges, tugboats, towboats and similar vessels used to tow, propel, or push barges or other conveyances or assist merchant vessels in docking or undocking, or persons otherwise employed in a contracted employer unit represented by the Union.”
We also noted that Article XII, Section 1 (e) would preclude any otherwise eligible member from running for office if he or she was receiving a pension from an affiliated plan. We noted that this provision has already been interpreted by the Union's Executive Board and approved by the membership at membership meetings in a manner which would not disqualify an individual who is receiving such a benefit solely by virtue of having reached the age of 70 and ½. We further noted that this issue was referred by the Executive Board to the Constitutional Committee and the membership for their ratification during this election. Your committee sought guidance from the Union's General Counsel who advised us that we could qualify any otherwise eligible member to run for office based upon this interpretation. Accordingly, your committee decided not to disqualify any otherwise eligible individual from running for office if he or she is receiving a pension benefit from an affiliated plan solely by virtue of having reached the age of 70 and ½.
After full and careful deliberations, the Committee made its decisions and sent appropriate notification to candidates. The ultimate decisions of this Committee are later set forth. In arriving at these ultimate decisions, the Committee was most concerned with carrying out a stated principle of our Union which is that “every qualified member shall have the right to nominate himself for, and, if elected or appointed, to hold office in this Union.”
In connection with the foregoing, we have also consulted with the Secretary-Treasurer who, under our Constitution, has the obligation to insure appropriate election procedures as legally required (Article XIII, Section 7). Our Secretary-Treasurer has further consulted with the Union's Counsel as to the law applicable in Union nominations and elections.
The following is a complete listing of all members who submitted their credentials to the Committee. Their names and the office or job for which they submitted such credentials are listed in the order in which this Committee feels they should be placed on the general ballot, that is, in alphabetical order under the office or job for which they run, and that the Ports, following the Headquarters offices, beginning with Piney Point, be arranged on the ballot geographically, as has been done in the past. After each man's name and book number is his qualification or disqualification, followed by the reason for that decision.
PRESIDENT
Michael J. Sacco, S-1288
Qualified Credentials in order.
EXECUTIVE VICE PRESIDENT
John Fay, F-363
Qualified Credentials in order
SECRETARY-TREASURER
David W. Heindel, H-1443
Qualified Credentials in order
VICE-PRESIDENT IN CHARGE OF CONTRACTS AND CONTRACT ENFORCEMENT
Carl Sands, S-2296
Qualified Credentials in order
Augustin Tellez, T-764
Qualified Credentials in order
VICE-PRESIDENT IN CHARGE OF THE ATLANTIC COAST
Patrick Joseph Lavin, L-1175
Disqualified—was not in continuous good standing for 3 years prior to time of nomination
Joseph T. Soresi, S-2658
Qualified Credentials in order
VICE-PRESIDENT IN CHARGE OF THE GULF COAST
Wade Cocek, C-5976
Disqualified - was not in continuous good standing for 3 years prior to time of nomination
Dean E. Corgey, C-5727
Qualified Credentials in order
Edward O'Connor, O-599
Nomination Withdrawn
VICE-PRESIDENT IN CHARGE OF THE WEST COAST
Nicholas J. Marrone, M-2308
Qualified Credentials in order
VICE-PRESIDENT IN CHARGE OF THE SOUTHERN REGION, GREAT LAKES AND INLAND WATERS
Thomas Orzechowski, Jr, O-601
Qualified Credentials in order
VICE-PRESIDENT IN CHARGE OF GOVERNMENT SERVICES AND FISHING INDUSTRIES
Kermett T. Mangram, M-2394
Qualified Credentials in order
VICE-PRESIDENTS AT LARGE
John Jaradat, J-15013
Disqualified - was not in continuous good standing for 3 years prior to time of nomination; did not have at least 100 days of seatime or Union employment between January 1 and time of nomination; and had sailed in a licensed capacity within the past 24 months
René Lioeanjie, L-15000
Qualified Credentials in order
Charles Stewart, S-15000
Qualified Credentials in order
ASSISTANT VICE-PRESIDENT IN CHARGE OF CONTRACTS AND CONTRACT ENFORCEMENT
George Tricker, T-919
Qualified Credentials in order
ASSISTANT VICE-PRESIDENT IN CHARGE OF THE ATLANTIC COAST
Nicholas A. Celona, C-1578
Qualified Credentials in order
ASSISTANT VICE-PRESIDENT IN CHARGE OF THE GULF COAST
Ambrose L. Cucinotta, C-1795
Qualified Credentials in order
ASSISTANT VICE-PRESIDENT IN CHARGE OF THE WEST COAST
Don Anderson, A-5244
Qualified Credentials in order
ASSISTANT VICE-PRESIDENT IN CHARGE OF THE SOUTHERN REGION, GREAT LAKES AND INLAND WATERS
James P. McGee, M-5945
Qualified Credentials in order
ASSISTANT VICE-PRESIDENT IN
CHARGE OF GOVERNMENT SERVICES AND FISHING INDUSTRIES
Chester Wheeler, W-25058
Qualified Credentials in order
PINEY POINT PORT AGENT
Edward W. Morris, M-1358
Qualified Credentials in order
John Sparks, S-2351
Nomination Withdrawn
NEW YORK PORT AGENT
Robert Selzer, S-1258
Qualified Credentials in order
PHILADELPHIA PORT AGENT
Joseph Mieluchowski, M-2933
Qualified Credentials in order
BALTIMORE PORT AGENT
Georg Kenny, K-1041
Qualified Credentials in order
Michael Murphy, M-2483
Qualified Credentials in order
MOBILE PORT AGENT
Edward Kelly, Jr. K-5043
Qualified Credentials in order
NEW ORLEANS PORT AGENT
Steven W. Judd, J-5336
Qualified Credentials in order
HOUSTON PORT AGENT
Anthony M. McQuay, M-2735
Qualified Credentials in order
SAN FRANCISCO PORT AGENT
Vincent Francis Coss, C-8138
Qualified Credentials in order
ST. LOUIS PORT AGENT
Rebecca J. Sleeper, S-2497
Qualified Credentials in order
DETROIT-ALGONAC PORT AGENT
Donald A. Thornton, T-5501
Qualified Credentials in order
As you will note in the foregoing sections of the Committee's Report, the provisions of the SIU Constitution governing election procedures made it mandatory that some of the nominees be disqualified. In light of these circumstances, the Committee wishes to call to the attention of all members the necessity of following all requirements and procedures which are established by our Constitution to govern eligibility for candidacy to Union office. However, at this time, the Committee particularly desires to point out the provisions of Article XIII, Section 2(c) of the Constitution, which spell out in detail the right of a disqualified candidate to appeal from the decision of the Credentials Committee and how he does it.
In compliance with Article XIII, Section 2(b) of our Constitution, and in an attempt to give every nominee every consideration and to try to prevent any disqualifications by this Committee, David Martz, of the Credentials Committee, remained at the entrance of the Headquarters building of the Union until midnight of Sunday, August 15, 2004, to receive any credentials that might have been delivered by hand after the closing of business hours by the Union. Additionally, the Committee noted that it received copies of two (2) memoranda that were issued outlining additional procedures to be followed on Saturday, August 14, 2004 and Sunday, August 15, 2004 for overnight and regular mail delivery and for any member who should appear in person to submit his credentials.
The Committee points out that in the President's Pre-Balloting Report approved by the membership as per the Constitution and published in the May Seafarers LOG the exact offices and jobs for which nominations were to be made was set forth.
In passing upon the credentials for certain of the nominees, this Committee had to make three (3) disqualifications, and the following are the details relative to each of those disqualifications:
1. Patrick Lavin, L-1175 – Candidate for Vice President in Charge of Atlantic Coast.
Your committee noted the receipt of a letter dated July 25, 2004, addressed to David Heindel in which Brother Lavin requested his name be placed on the ballot for election to the position of Vice President in Charge of the Atlantic Coast.
Your committee also noted that David Heindel issued a letter dated August 4, 2004 via overnight mail requesting Brother Lavin submit his proof of citizenship and proof of seatime as required by Article XIII, Section 1 (e)(f) of the Constitution.
Union records indicate that Brother Lavin was not in continuous good standing for three (3) years prior to the time of nomination which is needed to qualify for an elective job.
Your committee noted that Union records show that Brother Lavin paid his Second Quarter 2002 dues on May 16, 2002 whereas they should have been paid no later than May 1, 2002.
Based upon the provisions of Article XII, Section 1 (b), and further supported by Article III, Section 3; Article V and Article XXIV, Section 9 previously carried herein, the committee disqualified Brother Lavin for the job of Vice President in Charge of the Atlantic Coast.
The Committee noted that Brother Lavin appeared at the Headquarters building on Tuesday, August 17, 2004 to submit his proof of citizenship and proof of seatime. The Committee accepted these documents and informed Brother Lavin of his disqualification for failing to remain a member in good standing. The Committee then gave Brother Lavin the opportunity to make an appeal regarding his disqualification. However, Brother Lavin was unable to provide a justifiable reason for the delinquent dues payment. The Committee upheld its decision to disqualify Brother Lavin and informed him that the next course of action would be to appeal his disqualification to the membership at a regular membership meeting no later than the October meeting.
In accordance with the requirements of Article XIII, Section 2 (c) of our Constitution, and in order to assure adequate notice of its decision, the Committee informed Brother Lavin of his disqualification by Mailgram sent on August 17, 2004 to the address stated in his letter of nomination. Moreover, the Mailgram was followed by an overnight and certified letter dated August 17, 2004 from the Committee to Brother Lavin that set forth the reason for his disqualification. A copy of the Union Constitution was enclosed with the aforementioned letter so that Brother Lavin would have available the procedure to be followed in appeal from the disqualification decision of the Committee.
2. Wade Cocek, – Candidate for Vice President in Charge of the Gulf Coast.
Your committee noted the receipt of a letter dated August 3, 2004, addressed to David Heindel in which Brother Cocek requested his name be placed on the ballot for election to the position of Vice President in Charge of the Gulf Coast.
Union records indicate that Brother Cocek was not in continuous good standing for three (3) years prior to the time of nomination which is needed to qualify for an elective job.
Your committee noted that Union records show that Brother Cocek paid his Third Quarter 2001 dues on September 19, 2001 whereas they should have been paid no later than July 31, 2001. Union records also indicate that First Quarter 2002 dues were paid on April 15, 2002 whereas they should have been paid no later than January 31, 2002; Third Quarter 2002 dues were paid August 14, 2002 whereas they should have been paid no later than July 31, 2002; Fourth Quarter 2002 dues were paid on November 12, 2002 whereas they should have been paid no later than October 31, 2002; First Quarter 2003 dues were paid on February 21, 2003 whereas they should have been paid no later than January 31, 2003; Second Quarter 2003 dues were paid on May 16, 2003 whereas they should have been paid no later than May 1, 2003; Third Quarter 2003 dues were paid on November 10, 2003 whereas they should have been paid no later than July 31, 2003; Fourth Quarter 2003 dues were paid on November 10, 2003 whereas they should have been paid no later than October 31, 2003; First Quarter 2004 dues were paid on March 8, 2004 whereas they should have been paid no later than January 31, 2004.
Based upon the provisions of Article XII, Section 1 (b), and further supported by Article III, Section 3; Article V and Article XXIV, Section 9 previously carried herein, the committee disqualified Brother Cocek for the job of Vice President in Charge of the Gulf Coast.
In accordance with the requirements of Article XIII, Section 2 (c) of our Constitution, and in order to assure adequate notice of its decision, the Committee informed Brother Cocek of his disqualification by Mailgram sent on August 17, 2004 to the address stated in his letter of nomination. Moreover, the Mailgram was followed by an overnight and certified letter dated August 17, 2004 from the Committee to Brother Cocek that set forth the reason for his disqualification. A copy of the Union Constitution was enclosed with the aforementioned letter so that Brother Cocek would have available the procedure to be followed in appeal from the disqualification decision of the Committee.
3. John Jaradat J-15013, – Candidate for Vice President at Large.
Your committee noted the receipt of a letter dated August 4, 2004, addressed to David Heindel in which Brother Jaradat requested his name be placed on the ballot for election to the position of Vice President at Large.
Union records indicate that Brother Jaradat was not in continuous good standing for three (3) years prior to the time of nomination which is needed to qualify for an elective job.
Your committee noted that Union records show that Brother Jaradat paid his Third Quarter 2001 dues on September 16, 2002 whereas they should have been paid no later than July 31, 2001. Union records also indicate that Fourth Quarter 2001 dues were paid on September 16, 2002 whereas they should have been paid no later than October 31, 2001; First Quarter 2002 dues were paid on September 16, 2002 whereas they should have been paid no later than January 31, 2002; Second Quarter 2002 dues were paid on September 16, 2002 whereas they should have been paid no later than May 1, 2002; Third Quarter 2002 dues were paid on September 16, 2002 whereas they should have been paid no later than July 31, 2002; First Quarter 2003 dues were paid on March 3, 2003 whereas they should have been paid no later than January 31, 2003; Third Quarter 2003 dues were paid on October 29, 2003 whereas they should have been paid no later than July 31, 2003; First Quarter 2004 dues were paid on April 5, 2004 whereas they should have been paid no later than January 31, 2004; Second Quarter 2004 dues were paid on June 18, 2004 whereas they should have been paid no later than May 1, 2004. Union records further indicate that the Third Quarter 2004 has not been paid whereas it should have been paid no later than July 31, 2004.
Based upon the provisions of Article XII, Section 1 (b), and further supported by Article III, Section 3; Article V and Article XXIV, Section 9 previously carried herein, the committee disqualified Brother Jaradat for the job of Vice President at Large.
Union records also indicate that Brother Jaradat did not acquire at least 100 days of seatime or Union employment between January 1 and time of nomination which is needed to qualify for an elective job.
Based upon the provisions of Article XII, Section 1 (c), the committee further disqualified Brother Jaradat for the job of Vice President at Large.
The committee further noted that Brother Jaradat indicated that he had sailed in a licensed capacity within the last 24 months, which would also disqualify him based upon the provisions of Article XII, Section 1 (f).
In accordance with the requirements of Article XIII, Section 2 (c) of our Constitution, and in order to assure adequate notice of its decision, the Committee informed Brother Jaradat of his disqualification by Mailgram sent on August 17, 2004 to the address stated in his letter of nomination. Moreover, the Mailgram was followed by an overnight and certified letter dated August 17, 2004 from the Committee to Brother Jaradat that set forth the reason for his disqualification. A copy of the Union Constitution was enclosed with the aforementioned letter so that Brother Jaradat would have available the procedure to be followed in appeal from the disqualification decision of the Committee.
The Committee further noted that a conference call took place on Thursday, August 19, 2004 whereby Brother Jaradat was informed of his reason for disqualification and given the opportunity to appeal to the Committee. However, Brother Jaradat was unable to provide satisfactory evidence to overturn the Committee's decision. Therefore, the Committee upheld its decision to disqualify Brother Jaradat.
4. Edward O'Connor, O-599 – Candidate for Vice President in Charge of the Gulf Coast.
Your committee noted the receipt of a letter dated August 9, 2004, addressed to David Heindel in which Brother O'Connor requested his name be placed on the ballot for election to the office of Vice President in Charge of the Gulf Coast.
Your committee also noted the receipt of a letter dated August 17, 2004, addressed to Secretary-Treasurer David Heindel in which Brother O'Connor withdrew his nomination for Vice President in Charge of the Gulf Coast. Accordingly, the Committee determined that no further action is needed on Brother O'Connor's nomination.
5. John Sparks, S-2351 – Candidate for Piney Point Port Agent.
Your committee noted the receipt of a letter dated July 20, 2004, addressed to Michael Sacco in which Brother Sparks requested his name be placed on the ballot for election to the office of Piney Point Port Agent.
Your committee also noted the receipt of a letter dated July 27, 2004, addressed to Michael Sacco in which Brother Sparks withdrew his nomination for Piney Point Port Agent. Accordingly, the Committee determined that no further action is needed on Brother Sparks' nomination.
All credentials received as of August 15, 2004, were turned over to the Committee in good order, and those received by mail subsequently, but not later than August 15, 2004, have similarly been furnished to the Committee in good order. All credentials have been examined in strict accordance with the Constitution. Any defect in the credentials disposed of by the Committee has been the sole responsibility of the sender and no person adversely affected by such defect has denied this to the Committee.
Fraternally submitted, Credentials Committe
August 19, 2004
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