Voting starts Sept. 1, 2006 for the purpose of amending the constitution of the Seafarers International Union/AGLIWD/ NMU. SIU members will be able to cast secret ballots at union halls or by mail through Oct. 31, 2006.A constitutional committee was elected at the June 5, 2006 membership meeting in Piney Point, Md., in accordance with Article XXV, Section 2 of the constitution. The members of that committee studied proposed amendments to the constitution that had been submitted by the executive board, and the committee recommended that the changes be approved and brought to a vote by the membership. The full text of their report follows.
Some of the proposed changes include a modification of the types of mail services that may be utilized for union election cycles (reflecting the increased use of overnight mail and similar services and the decline of telegrams); creation of a “retiree members” class, retroactive to Jan. 1, 2006; elimination of the position of vice-president at large from the list of elected officers (to take place after the positions are vacated by current officeholders); and a change in the port address of the San Francisco hall.
Seafarers eligible to take part in this vote are full-book members in good standing. This eligibility criteria is spelled out in the union’s governing document, the constitution.
The ballot will list the proposed changes to the constitution as determined by the committee. A sample copy of the ballot appears on pages 12 and 13.
20 Polling Places
The election will be conducted by mail ballot as provided by the union’s constitution. Secret ballots, accompanied by envelopes marked “Ballot” and postage-paid envelopes printed with the address of the bank depository where the ballots are kept until submitted to the tallying committee, will be available to full-book members in good standing at 20 union halls around the country. (See sidebar for list of voting locations.)
- From Sept. 1 through Oct. 31, 2006, eligible Seafarers may pick up their ballots and envelopes marked “Ballot” and mailing envelopes at the halls between 9:00 a.m. until 12:00 noon, Monday through Saturday, excluding any holidays recognized in the port.
- Each member must present his or her book to the port agent or the agent’s designated representative when receiving the ballot, the envelope marked “Ballot” and the mailing envelope. The member will be asked to sign a roster sheet indicating the date, the number of the ballot given, and his or her book number.
- When the Seafarer receives the ballot and envelopes, his or her book will be stamped with the word “Voted” and the date.
- If a member does not present his or her book, or if there is a question in regard to his or her eligibility to vote, the Seafarer will receive a mailing envelope of a different color marked with the word “Challenge.” His or her book will be stamped with the words “Voted Challenge” and the date.
- Once the Seafarer has received his or her ballot and envelopes, he or she marks the ballot and puts it in the envelope marked “Ballot.” This envelope is sealed by the member and placed in the mailing envelope and then dispatched in the mail. These steps ensure the integrity of the secret ballot process.
Absentee Ballots
For members who believe they will be at sea during this time, the SIU constitution provides for absentee voting procedures.
- Full-book members in good standing who need to vote by absentee ballot should direct a request for the ballot to the union’s secretary-treasurer at SIU headquarters—5201 Auth Way, Camp Springs, MD 20746.
- Include in the request the correct address where the absentee ballot should be mailed.
- Send the request for an absentee ballot by registered or certified mail.
- Requests for absentee ballots must be postmarked no later than 12:00 p.m. Friday, Sept. 15 and delivered no later than Monday, Sept. 25.
- The secretary-treasurer, after confirming eligibility, will send by registered mail, return receipt requested, to the address designated in the request, a ballot, together with an envelope marked “Ballot” and a mailing envelope no later than Sept. 30.
- Upon receiving the ballot and envelopes, vote by marking the ballot. After voting, place the ballot in the enveloped marked “Ballot.” Do not write on the “Ballot” envelope.
- Place the envelope marked “Ballot” in the mailing envelope, which is imprinted with the mailing address of the bank depository where all ballots are sent.
- Sign the mailing envelope on the first line of the upper left-hand corner. Print name and book number on the second line. The mailing envelope is self-addressed and stamped.
- The mailing envelope must be received by the depository no later than Nov. 5 and must be postmarked no later than 12 midnight on Oct. 31.
Tallying the Votes
The union’s constitution, in Article XIII, details the procedures for voting in union elections.All ballots will be counted by the rank-and-file tallying committee consisting of two members elected from each of the union’s constitutional ports. These committee members will be elected at the Nov. 6 membership meeting in Piney Point.
The tallying committee report will be submitted to the secretary-treasurer and mailed to each port no later than Nov. 30 and then will be submitted for ratification by the membership at the regular December membership meetings.
Report of Constitutional Committee
We, the undersigned Constitutional Committee, were elected at the Headquarters membership meeting, on June 5, 2006, in accordance with Article XXV, Section 2 of our Constitution. We have had referred to us and studied, the proposed Constitutional Amendments Resolutions submitted by our Executive Board.These Resolutions, containing the proposed amendments, prior to its submission to us, were adopted by a majority vote of the membership at Headquarters and all ports. The provisions of the Resolutions are summarized in this report and are attached in full so that all members will have available to them the full text for their review and study at the same time that they read this, our Report and Recommendation.
Upon a thorough review of the Resolutions, your Committee recommends the Constitution be amended as indicated below. It should be noted that, where feasible, the language of the Constitution is presented with the proposed language changes underlined.
A. Amend Article III, Membership, Section 1 and Section 3 to read as follows:
“Section 1. There shall be three (3) classes of membership: full book members, probationary book members and retiree members. Candidates for membership shall be admitted to membership in accordance with such rules as may be adopted from time to time by a majority vote of the membership and which rules shall not be inconsistent with the provisions of this Constitution. All candidates with two hundred and sixty (260) days or more seatime in a consecutive twenty-four (24) calendar month period commencing from January 1, 1968, in an unlicensed capacity, aboard an American-flag merchant vessel or vessels, covered by contract with this Union, shall be eligible for full membership. All persons with less than the foregoing seatime but at least thirty (30) days of such seatime, shall be eligible for probationary membership. Only full book members shall be entitled to vote and to hold any office or elective job, except as otherwise specified herein. All probationary members shall have a voice in Union proceedings and shall be entitled to vote on Union contracts. Retiree members shall receive the Union’s monthly newspaper and will be kept abreast of Union activities, especially those relating to efforts in the legislative and political arenas with potential impact upon retirees. In addition, retiree members may participate in Union social events and grass root activities.”
“Section 3. Members more than one (1) quarter in arrears in dues can be suspended and, if so suspended, shall forfeit all benefits and all other rights and privileges in the Union. They can be dismissed if they are more than two (2) quarters in arrears in dues. An arrearage in dues shall be computed from the first day of the applicable quarter, but this time shall not run:”
B. Amend Article V, Dues and Initiation Fee, Section 1 (a), Section 2 and add Section 5 to read as follows:
“Section 1. All members’ dues shall consist of:
(a) Dues annually in the sum of five hundred dollars ($500.00) which shall be paid in equal amounts on a calendar year basis, no later than the first business day of each calendar quarter, and;”
“Section 2. No candidate for full book membership shall be admitted into such membership without having paid an initiation fee of one thousand dollars ($1,000.00), except as otherwise provided in this Constitution. In addition, the candidate shall pay a ten dollar ($10.00) “service fee” for the issuance of his full book.
Each candidate for probationary membership and each probationary member shall, with the payment of each of his first quarterly dues, as required by Section 1, pay at each such time the sum of two hundred and fifty dollars ($250.00) as partial initiation fee. The total of such initiation monies so paid shall be credited to his above required initiation fee for a full book member upon completion of the required seatime as provided for in Article III, Section 1.”
“Section 5. Notwithstanding the above, the annual dues amount for retiree members shall be five dollars ($5.00).”
C. Amend Article VII, Systems of Organization, Section 2 by deleting “and two (2) Vice-Presidents at Large.”
D. Amend Article VIII, Officers, Assistant Vice-Presidents and Port Agents, Section by deleting “and two (2) Vice-Presidents at Large.”
E. Amend Article X, Duties of Officers, Assistant Vice-Presidents, Port Agents, Other Elected Jobholders and Miscellaneous Personnel as follows:
- Delete “Section 10. Vice-Presidents at Large” in its entirety.
- Renumber Sections 11 through 16 accordingly.
- Delete all references to the Vice Presidents at Large positions in “Section 14. Executive Board” and “Section 15. Delegates.”
F. Amend Article XI, Wages and Terms of Office of Officers and Other Elective Jobholders, Union Employees, and Others, Section 3 to read as follows:
“Section 3. All elected individuals shall receive automatic wage increases in the same percentage amount and at the same time that the Union’s membership receives increases through the standard tanker and freight ship agreements.”
With regard to this amendment, the Committee recommends that, should the intent or application of this particular section become unclear, the Union’s Executive Board should be authorized to resolve any issues which may arise.
G. Amend Article XIII, Elections for Officers, Assistant Vice-Presidents and Port Agents, Section 2 (c) and Section 3 (e) to read as follows:
“Section 2. Credentials.
(c) When an applicant has been disqualified by the Committee, he shall be notified immediately by telegram, overnight mail, air mail, special delivery, or an equivalent mail service at the address listed by him pursuant to Section 1 of this Article. A disqualified applicant shall have the right to take an appeal to the membership from the decision of the Committee. He shall forward copies of such appeal to each Port where the appeal shall be presented and voted upon at a regular meeting no later than the second meeting after the Committee’s election. It is the responsibility of the applicant to insure timely delivery of his appeal. In any event, without prejudice to his written appeal, the applicant may appear in person before the Committee within two (2) days after the day on which the telegram, overnight mail, air mail, special delivery or an equivalent mail service is sent to correct his application or argue for his qualification.”
“Section 3. Balloting Procedures.
(e) Full book members may request and vote an absentee ballot under the following circumstances: while such member is employed on a Union contracted vessel and which vessel’s schedule does not provide for it to be at a Port in which a ballot can be secured during the time and period provided for in Section 3 (a) of this Article or is in an accredited hospital any time during the first ten (10) days of the month of November of the election year. The member shall make a request for an absentee ballot by registered or certified mail or the equivalent mailing device at the location from which such request is made, if such be the case. Such request shall contain a designation as to the address to which such member wishes his absentee ballot returned. The request shall be postmarked no later than 12:00 p.m. on the 15th day of November of the election year, shall be directed to the Secretary-Treasurer at Headquarters and must be delivered no later than the 25th of such November. The Secretary-Treasurer shall determine whether such member is eligible to vote such absentee ballot. The Secretary-Treasurer, if he determines that such member is so eligible, shall by the 30th of such November, send by registered mail, return receipt requested or an equivalent mail service, to the address so designated by such member, a “Ballot,” after removing the perforated numbered stub, together with the hereinbefore mentioned “Ballot” envelope, and mailing envelope addressed to the depository, except that printed on the face of such mailing envelope shall be the words “Absentee Ballot” and appropriate voting instructions shall accompany such mailing to the member. If the Secretary-Treasurer determines that such member is ineligible to receive such absentee ballot, he shall nevertheless send such member the aforementioned ballot with accompanying material except that the mailing envelope addressed to the depository shall have printed on the face thereof the words “Challenged Absentee Ballot.” The Secretary-Treasurer shall keep records of all of the foregoing, including the reasons for determining such member’s ineligibility, which records shall be open for inspection by full book members and upon the convening of the Union Tallying Committee, presented to them. The Secretary-Treasurer shall send to all Ports the names and book numbers of the members to whom absentee ballots were sent.”
H. Amend Article XXIII, Meetings, Section 1 to read as follows:
“Section 1. Regular meetings shall be held monthly only in the following constitutional Ports at the following times:
During the week following the first Sunday of every month a meeting shall be held on Monday—at Piney Point; on Tuesday—at New York; on Wednesday —at Philadelphia; on Thursday—at Baltimore; and on Friday—at Detroit-Algonac. During the next week, meetings shall be held on Monday—at Houston; on Tuesday—at New Orleans; on Wednesday—at Mobile; on Thursday —at San Francisco area; and on Friday—at St. Louis. All regular membership meetings shall commence at 10:30 a.m. local time. Where a meeting day falls on a Holiday officially designated as such by the authorities of the state or municipality in which a Port is located, the Port meeting shall take place on the following business day. Saturday and Sunday shall not be deemed business days.”
I. Amend Article XXIV, Definitions and Miscellaneous Provisions Relating Thereto, Section 8 and Section 13 to read as follows:
“Section 8. The terms ‘this Constitution’ and ‘this amended Constitution’ shall be deemed to have the same meaning and shall refer to the most recent version of the Constitution.”
“Section 13. The term ‘seatime’ shall include employment upon any navigable waters, days of employment in a contracted employer unit represented by the Union or time spent in the employ of the Union or one of the Union’s direct affiliates as an elected or appointed representative.”
The Committee recommends that the amendments, if voted upon affirmatively in accordance with the following voting procedures, become effective upon their passage. It should be noted that the amendments regarding the dues and initiation increases will be effective January 1, 2007 and the amendments creating a “retiree members” class will be retroactive to January 1, 2006. In addition, the amendments regarding the removal of the two (2) Vice- Presidents at Large from the list of elected officers will not take place until such positions are vacated by the current officeholders.
In addition, your Committee concurs with the Resolution that upon membership acceptance of our report and recommendations, a referendum vote by secret ballot be held as constitutionally required. We recommend that the voting follow the applicable procedures as set forth in Article XIII, Section 3 of the Constitution. We further recommend that the referendum period commence September 1, 2006 and end October 31, 2006. As such, the following dates and deadlines should be established:
- Absentee ballot requests shall be postmarked no later than 12:00 p.m. on September 15, 2006 and must be delivered to the Secretary-Treasurer’s office no later than September 25, 2006.
- The Secretary-Treasurer shall mail absentee ballots via registered mail, return receipt requested to any eligible members by September 30, 2006.
- All ballots to be counted must be received by the depository no later than November 5, 2006 and must be postmarked no later than 12:00 midnight on October 31, 2006.
- The Union Tallying Committee shall be elected at the Piney Point regular membership meeting on November 6, 2006.
- The Union Tallying Committee Report shall be submitted to the Secretary-Treasurer and mailed to each Port no later than November 30, 2006 and shall be submitted for ratification by the membership at the regular December membership meetings.
The Committee further recommends, if it is reasonably possible, that a copy of our Committee’s Report, together with a copy of the proposed Resolutions and membership action taken to date, be printed in the Seafarers LOG, August 2006 issue so that the membership will be kept abreast as to all facts at this time and copies of such LOG issue, to the extent possible, be made available to the membership at all Union offices and Halls during the months of September and October 2006.Your Constitutional Committee wishes to thank the Union, its officers, representatives, members and counsel for their cooperation and assistance during our deliberations and to assure all members that we believe the adoption of the proposed Resolutions will serve the needs of the Union and the membership.
Fraternally submitted,
David Martz, M-2433, chairman
Jose Guzman, G-1461
Thommie Hampton, H-6074
William Henderson, H-1818
George Mazzola, M-2288
Christopher Nardone, N-5218
Date: June 7, 2006
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