Wheelhouse Weekly, March 5, 2024

Volume 30… Number 10, March 5, 2024

STORIES COVERED

In This Issue:

• NLRB Adopts and Expands on Critical Federal Appeals Court Decision in Case Brought by MM&P
• Belize-Flag Bulker Sinks in Red Sea Two Weeks After Houthi Missile Strike
• New ITF Index Names Companies That Deny Seafarers’ Human Rights
• MITAGS Designated as Center of Maritime Training Excellence
• Also: US Issues Maritime Advisory on Combat Operations in Black Sea and Sea of Azov
• AFL-CIO Releases Annual Legislative Scorecard: See How Your Legislators Voted on Issues Important to Working Americans
• Plus: With Help From Their Union, Mariners Aboard Abandoned Russian Superyacht Get a Year’s Worth of Unpaid Wages

Mark Your Calendar:

• Offshore Membership Meeting in MM&P Newark Hall on Tuesday, March 26

Job Opportunities:

• Offshore Jobs Available
• Engineering Jobs Available Offshore and on the Great Lakes

And:

• MITAGS-East Academic Notes
• MITAGS–West Academic Notes

NLRB ADOPTS AND EXPANDS ON CRITICAL FEDERAL APPEALS COURT DECISION IN CASE BROUGHT BY MM&P

In a major victory for MM&P and any other union with bargaining units that may contain supervisors, the National Labor Relations Board has adopted and expanded on a March 3, 2023, decision by the U.S. Court of Appeals for the D.C. Circuit.

The case—International Organization of Masters, Mates & Pilots, AFL-CIO v. NLRB—arose out of the unfair labor practice charges filed by MM&P against Sunrise Operations/Pasha during the protracted negotiations and litigation that preceded the agreement between the union and the company.

The first hearing on the unfair labor practice charges was held before an administrative law judge.

The administrative law judge found in favor of MM&P, ruling that the company had committed the unfair labor practices alleged and that the bargaining unit represented by MM&P was a “mixed” unit of employees and supervisors.

The National Labor Relations Board then held that it lacked jurisdiction over the unit because when the company agreed to recognize the union, it allegedly “believed” that all licensed deck officers were “supervisors.”

MM&P appealed the NLRB’s decision to the U.S. Court of Appeals for the D.C. Circuit.

In a strongly worded opinion issued on March 3, 2023, a three-member panel of the Court vacated the NLRB’s decision, holding that it was contrary to well-established precedent and unsupported by the facts of the case.

The Court remanded the case to the NLRB, instructing it to re-decide the case applying the facts and the law.

In a decision on remand issued on Feb. 27, 2024, the NLRB found that the board does have jurisdiction over the case and that Sunrise Operations LLC voluntarily recognized a “mixed” unit of supervisors and MM&P-represented employees.

“The Union is pleased with the Court of Appeals’ prior decision granting review and the NLRB’s decision affirming decades of precedent that prevent employers from withdrawing recognition in a mixed unit on a whim,” said MM&P President Don Marcus.

“The NLRB’s decision clearly recognizes that employers must produce concrete evidence of supervisory status before workers lose the NLRA’s protections.”

“MM&P will continue to fight to ensure licensed deck officers in the maritime industry are not deprived of their rights to freely associate and to bargain collectively.”

He said the case represents “a critical victory in a long and hard-fought battle to preserve MM&P members’ jobs,” adding that the outcome “is a testament to the great skill of our legal team, led by Gabriel Terrasa, and the steadfast support of our rank-and-file members.”

The case caps a 20+ year effort by MM&P and its Legal Department to fight employers who try to strip away the bargaining rights of licensed deck officers by claiming they are all supervisors and therefore not protected by the NLRA.

Lisa C. Demidovich argued the federal court case on behalf of MM&P. She was joined on the brief by Jason Wojciechowski and Luke Taylor of Bush Gottlieb.

Catherine Fisk, a labor law professor at the University of California, Berkeley, School of Law, filed an amicus brief with other law professors across the country in support of

MM&P’s position

Had the NLRB’s decision stood, employers with mixed units would have been able to renege on their bargaining obligations and the unions representing employees would not have had legal recourse.

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BELIZE-FLAG BULKER SINKS IN RED SEA TWO WEEKS AFTER HOUTHI MISSILE STRIKE

The MV RUBYMAR, a Belize-flag bulker carrying a load of 41,000 tons of fertilizer, sank on March 1 in the Red Sea, raising concerns of an environmental disaster.

The 24-person crew was rescued by a good Samaritan vessel shortly after the attack took place.

The RUBYMAR drifted far north of the site of the attack before sinking in deteriorating weather conditions about 11 miles from the nearest point of land.

Efforts to tow it to port were unsuccessful, given the dangerous security situation.

A statement from the Yemeni government highlighted the risk that the ship’s cargo and fuel load poses for desalination plants in the region, marine life, and coral.

The government called for more international action against the militants and criticized the Houthis’ “recklessness and indifference to the catastrophic repercussions.”

The UK Maritime Trade Office says that a total of 55 vessels have been targeted since the attacks began in November. Although several ships have been hit, the RUBYMAR is the first to sink.

On Monday, militants attacked and damaged a Swiss-owned container ship, the MSC SKY II, about 91 miles southeast of Aden.

In related news, a top Pentagon official was quoted by Bloomberg News over the weekend as saying that the U.S. has struck a total of 230 targets in Houthi-controlled areas since the attacks began.

The Houthis are still holding the GALAXY LEADER, a Japanese-chartered car carrier that they hijacked in November, along with its crew.
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NEW ITF INDEX NAMES COMPANIES THAT DENY SEAFARERS’ THEIR HUMAN RIGHTS

The International Transport Workers’ Federation has launched a new online index that lists the names of companies that abuse seafarers and deny them their basic human and union rights.

Companies and individuals can be listed in the ITF Seafarers’ Breach of Rights Index for actions that include:

— actual or threatened physical or sexual abuse;

— non-payment of wages;

— persistent violation of employment agreements;

— violation of health and safety standards;

— substandard food and water;

— substandard crew accommodation;

— abandonments; and

— persistent disregard for international standards on safety and crew accommodation.

“Seafarers work in the harshest environment imaginable,” says ITF Inspectorate Coordinator Steve Trowsdale.

“Not only do they combat the forces of nature on the world’s oceans, they remain an unseen workforce, spending many months away, and sometimes out of contact with their family and friends.”

“They often work in cramped conditions, with little or no access to shore leave and medical attention.”

“And alongside the tough conditions that seafarers already endure, there are some shipowners, managers, and flag states that compound the situation by denying or abusing seafarers’ basic human and trade union rights and ignoring the international conventions that govern seafarers’ working and living conditions.”

“We have zero tolerance for anyone who abuses the rights of seafarers,” Trowsdale says.

MM&P is one of the 740 transport unions in 147 countries that belong to the ITF.

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MITAGS DESIGNATED AS CENTER OF MARITIME TRAINING EXCELLENCE

The U.S. Transportation Secretary, acting through the Maritime Administration, has designated the Maritime Institute of Technology and Graduate Studies (MITAGS) a Center of Excellence for Domestic Maritime Workforce Training and Education.

MARAD says that the Center of Excellence designations help the maritime industry achieve and maintain the highest quality workforce.

MARAD developed the program to support maritime workforce training and education at designated centers of excellence, including by supporting their efforts to:

— admit additional students;

— recruit and train faculty;

— expand facilities;

— create new maritime pathways; and

— award students credit for prior experience, including military service.

MARAD developed a policy to provide interested parties with comprehensive agency guidance on how best to apply for Center of Excellence designation.

Any eligible and qualified training entity is free to decide whether it wishes to participate in the program and apply for a Center of Excellence designation.

During application acceptance periods, MARAD reviews all the applications it receives and may contact applicants with additional questions.

The inaugural Center of Excellence designees were announced on May 19, 2021.

The 2024 designees were announced on Feb. 22, 2024.

The complete list of Centers of Excellence designees, organized by state, is posted online.
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US ISSUES MARITIME ADVISORY ON COMBAT OPERATIONS IN BLACK SEA AND SEA OF AZOV

The authorities have issued maritime advisory 2024-003 on military combat operations in the Black Sea and the Sea of Azov. The advisory reads in part:

“Since Russia’s full-scale invasion of Ukraine began in late February 2022, commercial vessels have reportedly been struck by projectiles and experienced explosions in the Black Sea and Sea of Azov.”

“There have also been reports of moored and drifting naval mines.”

“While some past actions may have targeted specific commercial vessels due to their association with certain countries or their activity, the potential remains for miscalculation or misidentification, resulting in a high risk of damage to commercial vessels in the region.”

U.S.-flagged commercial vessels operating in these areas are advised to exercise caution; conduct a risk assessment; review security measures; review current NATO Shipping

Centre, NAVAREA III and other coastal broadcast warnings; and incorporate appropriate protective measures into their vessel security plans.

U.S.-flagged commercial vessels should ensure AIS is transmitting at all times (except when the master believes that continuing to operate AIS might compromise the safety or security of the ship) in keeping with provisions of the International Convention for the Safety of Life at Sea (SOLAS) and monitor VHF Channel 16.

In the event of any incident or suspicious activity, U.S.-flagged commercial vessels should immediately notify the NATO Shipping Centre, the U.S. Coast Guard National Response Center, the U.S. Sixth Fleet Naval Cooperation and Guidance for Shipping (NCAGS) detachment and activate the Ship Security Alert System.

For more information about U.S. Maritime Alerts and Advisories, including subscription details, please visit https://www.maritime.dot.gov/msci, where all the alerts and advisories are posted in their entirety.
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SEE HOW YOUR LEGISLATORS VOTED ON ISSUES IMPORTANT TO WORKING AMERICANS

The AFL-CIO’s legislative scorecards for members of Congress are now live, with ratings based on their 2023 voting records.

Each year, the policy experts at the AFL-CIO tally up the votes that members of the U.S. House and Senate take on issues important to working families, such as:

— strengthening Social Security and Medicare;

— protecting the right to join a union; and

— improving workplace safety.

The AFL-CIO’s Legislative Scorecard is the definitive report on whether your representatives in Congress have voted to protect your rights… or take them away.

Click here to see how your representatives voted on issues of critical importance for working families.

And remember: to view the list of the members of Congress who have received support from the MM&P Political Contribution Fund (PCF) for their 2024 races, go to www.bridgedeck.org and check out “Congressional Elections—Who We Support.”

The list includes those who have received a contribution from the MM&P PCF because of their support for the Jones Act, cargo preference, and other programs and policies of critical importance to the American Merchant Marine.

To view the list, go to bridgedeck.org, enter the Members Only site, click on Documents, and scroll down to “Who We Support.”

The list is periodically updated as more information about candidates and their positions becomes available and as the MM&P PCF makes additional contributions.

In the meantime, if you have any questions, please contact MM&P headquarters or Jim Patti at jpatti@miraid.org.
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WITH HELP FROM THEIR UNION, MARINERS ABOARD ABANDONED RUSSIAN SUPERYACHT GET A YEAR’S WORTH OF UNPAID WAGES

Under the terms of a judgment issued by Antigua’s High Court, members of Nautilus International working aboard the abandoned superyacht ALFA NERO will receive more than a year’s worth of unpaid wages.

The yacht, which is said to be owned by fertilizer billionaire Andrey Guryev, has been in Antigua since Russia invaded Ukraine.

Nautilus arrested the yacht after the crew reported they had not received the wages that were owed to them.

The union’s goal was to recoup the money owed to the original crewmembers, as well as the wages owed to the skeleton crew that was hired between March 2022 and April 2023.

“This judgment is a massive win for us and for the ALFA NERO crew, and it was the result of months of hard work,” said Nautilus Director of Legal Services Charles Boyle.

“It is an outcome we are immensely proud of, and one we aim to replicate for those in need in the future.”

“Securing payment for over a year’s worth of wages for our members is an amazing result.”

“This is especially true given the context of the Russian sanctions, which has been completely new legal territory for everyone.”

He said when the yacht is sold or some other arrangement is put in place, the crew will receive payment at the rates originally agreed upon in their contracts.

The High Court judge did not grant any pay increase given between March 17, 2022, and April 10, 2023, and dismissed claims from some crewmembers that they had a right to double pay.

MM&P partners with Nautilus International and 20 other seagoing unions in the Nautilus Federation.
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OFFSHORE MEMBERSHIP MEETING IN MM&P NEWARK HALL ON TUESDAY, MARCH 26

There will be an Offshore membership meeting in the MM&P Newark Union Hall on Tuesday, March 26, at 1100.

International President Don Marcus and Secretary-Treasurer Don Josberger will participate in the meeting.

The Newark Hall is located at:

570 Broad Street, Suite 701

Newark, NJ 07102

The phone number is 201-963-1900.

All Offshore members are encouraged to attend the meeting.
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ENGINEERING JOBS AVAILABLE OFFSHORE AND ON THE GREAT LAKES

There are openings for engineers in the MM&P Offshore fleet and the Great Lakes & Gulf Region.

For engineering jobs in the Offshore Group, contact Atlantic Ports Vice President Tom Larkin, tlarkin@bridgedeck.org, or 201-963-1900.

For engineering jobs on the Lakes, contact MM&P Great Lakes & Gulf Region Vice President Tom Bell, tbell@bridgedeck.org, or (216) 776-1667.
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MITAGS ACADEMIC NOTES

For registration contact our Admissions Department: 866.656.5568 or admissions@mitags.org

Classes are 5-day unless otherwise noted

Class dates followed by an * are full
AB – Able Seaman (5-Day): 06/10/24, 09/16/24

AIS-1 – Automatic Identifications Systems Orientation (1-Day): Not currently scheduled

ARPA-OIC– Automated Radar Plotting Aids (4-Day): 03/04/24, 04/08/24, 08/12/24, 11/04/2024

AZIPOD (2-Day): Not currently scheduled

BRM – Bridge Resource Management (5-Day): Not currently scheduled

BRMP –Bridge Resource Management for Pilots (2-Day): Not currently scheduled

BRMP-EMR –Bridge Resource Management for Pilots with Emergency Shiphandling – (Now also included in BRMP-Refresher) (3-Day): Not currently scheduled

BRMP-Refresher (Now including Emergency Shiphandling for Pilots) (3-Day): Not currently scheduled

BT – Basic Safety Training (5-Day): 05/06/24

BT-Revalidation (2-day) (Must have 1 year of sea service in last 5 years): 03/18/24, 04/22/24, 06/10/24

BT-Refresher (3-day): 04/22/24, 06/10/24

CHS-OIC – Cargo Handling Basic (5-Day): 04/15/24

[CMM – Chief Mate and Master Courses]

ADVSTB-CMM – Advanced Stability (5-Day): 04/29/24, 06/24/24, 10/07/24, 12/09/24

ADVWX-CMM – Advanced Meteorology (5-Day): 04/22/24, 06/17/24, 09/23/24, 12/16/24

CHS-CMM – Advanced Cargo Operations (10 Days): 10/14/24

CM-OPS 1 – Chief Mate Operations (5-Day): 07/08/24, 12/09/24

CM-OPS 2 Maersk – Chief Mate Operations II Maersk Specific (5-Day): 03/04/24, 07/15/24, 12/16/24

CM-OPS 2 APL – Chief Mate Operations II APL Specific (5-Day): Not currently scheduled

ECDIS – Electronic Chart Display Information Systems (5-Day): 03/11/24, 08/12/24, 11/11/24

LMS – Leadership and Managerial Skills (Management Level – Formerly MCL-CMM) (5-Day): 03/18/24, 08/12/24, 11/04/24

MPP-CMM – Marine Propulsion Plants (5-Day): 03/11/24, 09/30/24

(DCS-1 available on request – contact Admissions)

SHMGT-CMM- Ship Management (5-Day): 10/28/24

SHS-ADV-I-CMM – Advanced Shiphandling (week 1) (5-Day): 03/18/24, 04/08/24*, 05/06/24, 06/03/24, 07/08/24, 08/05/24, 09/09/24, 09/30/24, 11/04/24, 12/02/24

SHS-ADV-II-CMM – Advanced Shiphandling (week 2) (5-Day): 03/25/24*, 04/15/24, 05/13/24, 06/10/24, 07/15/24, 08/12/24*, 09/16/24, 10/07/24, 11/11/24, 12/09/24

**SHS-ADV-I & II are now approved to include SAR-CMM assessments at MITAGS**

VPEN-CMM – Voyage Planning & Electronic Navigation (5-Day): 11/18/24

WKP-CMM – Advanced Watchkeeping (5-Day): 03/18/24, 09/16/24

WX-HW-ATL – Heavy Weather Avoidance Routing: Atlantic Ocean (2-day) – Not Currently Scheduled

WX-HW-IND – Heavy Weather Avoidance Routing: Indian Ocean (2-day) – Not Currently Scheduled

WX-HW-PAC – Heavy Weather Avoidance Routing: Pacific Ocean (2-day) – 05/11/24, 07/27/24, 11/16/24

CIW-DPA/IA – Continual Improvement Workshop: Designated Person Ashore & Internal Auditor (3-Day) ** This course is NOT covered by the MATES Program **

Online: 05/17/24

CIW-SMS – Continual Improvement Workshop: Successful Safety Management (2-Day) – Online: Not Currently Scheduled

CNAV-OIC– Celestial Navigation (15-Day): 05/06/24

CRISIS-COMMS – Crisis Communications (1-Day): Not currently scheduled

CRSMGT – Crisis Management and Human Behavior (1-Day): Not currently scheduled

CDMGT – Crowd Management (1-Day): Not currently scheduled

CSE – Confined Space Entry (3-Day): Not currently scheduled

CSE-AWR – Confined Space Entry Awareness (2-Day): Not currently scheduled

DDE – Great Lakes (20-Day): Not currently scheduled

ECDIS for Pilots (2-Day): Not currently scheduled

ERM – Engine Resource Management (5-Day): 04/08/24, 12/09/24

ADV-FF – Advanced Fire-Fighting (4-day): 03/25/24*

FF-BADV – Fire Fighting Combined Basic & Advanced (5-Day): 05/06/24

FF-ADV-Rev (1-day) (Must have 1 year of sea service in last 5 years) – Advanced Fire Fighting Revalidation: 03/20/24, 04/24/24, 06/12/24

FF-ADV-REF (2-day) – Advanced Fire Fighting Refresher: 04/25/24, 06/13/24

FSM – Fatigue, Sleep, & Medications (1-Day): Not currently scheduled

Online: Not currently scheduled

GL-Pilot – Great Lakes Pilotage Familiarization (2-Day): Not Currently Scheduled

GMDSS – Global Maritime Distress and Safety System (10-Day): Not Currently Scheduled

HAZ – Hazardous Materials (5 day): 05/06/24, 08/26/24, 12/02/24

LAP – License Advancement Program for Mate to Master (20-Day): 03/04/24, 07/22/24

LAP-Great Lakes – License Advancement Program – Great Lakes (15-Day): Not Currently Scheduled

LAP-ORG3rd – License Advancement Program for Original 3rd Mate, Oceans, Any Gross

Ton License (15-Day): 06/03/24

LEG – Legal Aspects of Pilotage (1-Day): Not Currently Scheduled

LNG-BADV – Basic and Advanced IGF Code Operations (3 Day): 03/11/24*, 04/17/24, 05/20/24, 06/17/24, 06/20/24

LTS –Leadership and Teamworking Skills (Formerly MCL-OIC) (1-Day): 04/04/24

MEECE – Management of Electrical and Electronic Control Equipment (Assessments /not included): 04/01/24, 12/02/24

MED-PIC – Medical Person in Charge (10-Day): 04/01/24, 05/13/24, 08/19/24, 09/30/24

MED-PIC-REF– Medical Person in Charge Refresher: 03/18/24, 05/26/24, 07/29/24, 11/18/24

MED-PRO – Medical Care Provider: (5-Day): 05/13/24, 07/08/24, 08/19/24

MED-DOT-DA – Dept. of Transportation Drug & Alcohol Testing (1-Day): 03/14/24, 03/23/24, 04/06/24, 05/05/24, 05/18/24

[MSC – Military Sealift Command Courses]

MSC-CBRD-1 – Military Sealift Command Chemical, Biological, Radiological Defense Orientation (Basic) (1-Day): 05/09/24, 06/07/24, 08/08/24, 09/12/24, 10/31/24

MSC-DC – Military Sealift Command Damage Control (2-day): 05/10/24, 06/07/24, 08/09/24, 09/13/24, 11/01/24

MSC-ENVPRO (1-Day – Evening Class): 05/10/24, 06/07/24, 08/09/24, 09/13/24, 11/01/24

MSC-FF-HELO (2-Day): Not currently scheduled

MSC-SMA – Military Sealift Command Small Arms Qualifications (4-Day): 05/13/24, 06/10/24, 07/15/24, 08/12/24, 09/16/24, 11/04/24

MSC-Security Watch Basic (1-Day/ 8-hour): 05/11/24, 06/08/24, 08/10/24, 09/14/24, 11/02/24

MSC-Security Watch Advanced (1-Day): 05/12/24, 06/09/24, 07/14/24, 08/11/24, 09/15/24, 11/03/24

MSC-Ship’s Reaction Force (3-Day): 05/17/24, 06/14/24, 07/19/24, 08/16/24, 09/20/24, 11/08/24

NSAP-MMP – Navigational Skills Assessment Program-MM&P (2-Day): 03/12/24*, 03/14/24*, 05/15/24*, 05/17/24*, 08/19/24*, 08/21/24*, 12/09/24, 12/11/24

PSC – Personal Survival Craft (Lifeboatman) (5-Day): 06/24/24, 09/23/24

PSC-REF – Personal Survival Craft Refresher (2-Day): 04/18/24

RFPNW – Ratings Forming Part of a Navigational Watch (3-day): Not Currently Scheduled

ROR-1 – Radar Observer Renewal (1-Day): Not Currently Scheduled

ROR-1N – Radar Observer Renewal Evening Classes (1-Night): 04/24/24, 06/12/24

ROU-OIC – Radar Observer Program – Unlimited: 08/05/24, 10/28/24

SAR – Search & Rescue – (Now with OIC and CMM assessments) (3-Day): 04/01/24

SHS-BAS-OIC – Basic Shiphandling: 04/29/24

SHS-EMR5 – Emergency Shiphandling (5 Day): 03/04/24, 07/22/24, 12/16/24

STB-OIC – Ship Construction and Basic Stability: 04/05/24, 07/22/24

TCNAV/CO – Terrestrial Navigation and Compasses (15-Day): Not Currently Scheduled

TPIC – Tankerman Person in Charge: 03/04/24

TRAC-TUG-2 (2-Day): Not currently scheduled

TTT – ** NOT covered by the MATES Program **: Not Currently Scheduled

VPDSD – Vessel Personnel with Designated Security Duties: Not Currently Scheduled

VSO – Vessel Security Officer (3-Day): 04/08/24

WKP-OIC – Watchkeeping (Operational Level) (10-Day): Not Currently Scheduled

WX-OIC –Meteorology (Operational Level): 04/22/24, 07/29/24

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MITAGS–WEST ACADEMIC NOTES

You can enroll online at www.mitags.org or contact our Admissions Department 866.656.5568 or admissions@mitags.org
March 2024
6-8 RFPNW

14th Flashing Light Assessment

18-22 Basic Training

25-26 Basic Training Revalidation

25-29 Able Seaman

27th Advanced Firefighting Revalidation

April 2024

1-4 Advanced Firefighting

8-12 ECDIS

22-23 Basic Training Revalidation

24th Advanced Firefighting Revalidation

May 2024

6-10 Basic Training

13-17 Medical Care Provider

13-24 Medical Person-In-Charge

20-22 Security Officer – Vessel, Company & Facility

30-31 Advanced Firefighting Refresher

June 2024

1-2 Basic Training Revalidation

1-3 Basic Training Refresher

3rd Advanced Firefighting Revalidation

3-7 Basic Training

3-21 Terrestrial & Coastal Navigation

24-25 Basic Training Revalidation

26th Advanced Firefighting Revalidation
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The MM&P Wheelhouse Weekly is the official electronic newsletter of the International Organization of Masters, Mates & Pilots, 700 Maritime Blvd., Suite B, Linthicum Heights, MD 21090-1953. Phone: 410-850-8700; Fax: 410-850-0973. All rights reserved. The MM&P Wheelhouse Weekly©2023. Articles can be reprinted without prior permission if credit is given to The MM&P Wheelhouse Weekly.

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