Wednesday, August 28, 2013

STUDY SAYS LATE WORKERS EAT MORE

FROM:  U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES 

From the U.S. Department of Health and Human Services, I’m Ira Dreyfuss with HHS HealthBeat.

Some of us are morning people; some of us are evening people. A lot of us, in addition, don’t get enough sleep and weigh more than we should. And a study indicates people who stay up late, sleep too little and are obese also have signs that raise concern about potential heart attack risk.

At the National Institutes of Health, Giovanni Cizza looked at data on 119 people who fit those categories. He says they had higher resting heart rates and higher stress hormone levels. And he says:

“If you are an evening person, you tend to eat more, you tend to eat more fat than carbohydrate, and eat more often after 8 p.m.”

The study is in the journal PLOS One.

U.S. TREASURY DESIGNATES FORMER CAPTAIN IN VENEZUELA'S NATIONAL GUARD AS A DRUG KINGPIN

FROM:  U.S. TREASURY 
Action Designates Former Venezuelan Military Official, Previously Indicted by the U.S. Attorney’s Office in the Eastern District of New York, Who Aided Mexican Drug Cartels

WASHINGTON – The U.S. Department of the Treasury today designated Venezuelan national, Vassyly Kotosky Villarroel Ramirez, as a drug kingpin pursuant to the Foreign Narcotics Kingpin Designation Act (Kingpin Act).  Villarroel Ramirez, a former Captain in Venezuela’s National Guard (Guardia Nacional), was designated for the significant role he plays in international narcotics trafficking in both Colombia and Venezuela.  While serving as a Captain in Venezuela’s National Guard, Villarroel Ramirez arranged for the transportation of loads of cocaine as well as the U.S. dollar proceeds from the sale of the cocaine, using various airports, seaports, and official government vehicles in Venezuela.  Today’s action complements a 2011 indictment against Villarroel Ramirez by the U.S. Attorney’s Office in the Eastern District of New York (EDNY) on multiple cocaine trafficking charges.

“Villarroel Ramirez is a prime example of a narcotics trafficker who exploited his former military position and connections to facilitate the transport of cocaine to Mexico and profit from the sales that followed,” said Treasury’s Director of the Office of Foreign Assets Control (OFAC) Adam J. Szubin. “We will continue to work with our law enforcement colleagues to target this type of abusive behavior which perpetuates the criminal violence linked to the narcotics trade.”

Villarroel Ramirez provided security and protection when cocaine loads and the proceeds from Mexico were smuggled from or into Venezuela’s Maiquetía International Airport via commercial or private aircraft.  He facilitated the cocaine loads from Colombia through Venezuela in partnership with known drug traffickers such as Daniel Barrera Barrera (alias “El Loco Barrera”), Javier Antonio Calle Serna (alias “Comba”), and Jose Gerardo Alvarez Vazquez (alias “El Indio”) – all of whom have been designated as foreign narcotics traffickers under the Kingpin Act.  The cocaine shipments benefited Mexican drug trafficking organizations, specifically the Sinaloa Cartel, Los Zetas, and the Beltran Leyva Organization – all of which have been identified by the President as significant foreign narcotics traffickers under the Kingpin Act.

On March 30, 2011, Villarroel Ramirez and a co-conspirator were indicted in the EDNY on six counts of cocaine trafficking-related charges.  According to the indictment, between January 2004 and December 2009 Villarroel Ramirez and the co-conspirator imported thousands of kilograms of cocaine from Colombia through Venezuela to Mexico, for transportation to and distribution within the United States.  Also, Villarroel Ramirez is reportedly charged with narcotics trafficking and money laundering in Venezuela since 2008.

Today’s action, taken pursuant to the Kingpin Act, generally prohibits U.S. persons from engaging in any transactions with Villarroel Ramirez and freezes any assets he may have under U.S. jurisdiction.

This action would not have been possible without the support of the Drug Enforcement Administration and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

Since June 2000, the President has identified 103 drug kingpins, and OFAC has designated more than 1,300 businesses and individuals, pursuant to the Kingpin Act.  Penalties for violations of the Kingpin Act range from civil penalties of up to $1.075 million per violation to more severe criminal penalties.  Criminal penalties for corporate officers may include up to 30 years in prison and fines up to $5 million.  Criminal fines for corporations may reach $10 million.  Other individuals face up to 10 years in prison and fines pursuant to Title 18 of the United States Code for criminal violations of the Kingpin Act.

CDC RELEASES ON 2012 SCHOOL HEALTH POLICIES AND PRACTICES STUDY

FROM:  CENTERS FOR DISEASE CONTROL AND PREVENTION 

CDC releases 2012 School Health Policies and Practices Study results
School districts show positive trends

School districts nationwide are showing improvements in measures related to nutritional policies, physical education and tobacco policies, according to the 2012 School Health Policies and Practices Study (SHPPS).  SHPPS is the largest and most comprehensive survey to assess school health policies.
"Schools play a critical role in the health and well-being of our youth," said CDC Director Tom Frieden, M.D., M.P.H. "Good news for students and parents – more students have access to healthy food, better physical fitness activities through initiatives such as ‘Let’s Move,’ and campuses that are completely tobacco free."
Key findings include:

Nutrition:

The percentage of school districts that allowed soft drink companies to advertise soft drinks on school grounds decreased from 46.6 percent in 2006 to 33.5 percent in 2012.

Between 2006 and 2012, the percentage of districts that required schools to prohibit offering junk food in vending machines increased from 29.8 percent to 43.4 percent.

Between 2006 and 2012, the percentage of districts with food procurement contracts that addressed nutritional standards for foods that can be purchased separately from the school breakfast or lunch increased from 55.1 percent to 73.5 percent.

Between 2000 and 2012, the percentage of districts that made information available to families on the nutrition and caloric content of foods available to students increased from 35.3 percent to 52.7 percent.
Physical education/physical activity:

The percentage of school districts that required elementary schools to teach physical education increased from 82.6 percent in 2000 to 93.6 percent in 2012.
More than half of school districts (61.6 percent) had a formal agreement, such as a memorandum of agreement or understanding, between the school district and another public or private entity for shared use of school or community property. Among those districts, more than half had agreements with a local youth organization (e.g., the YMCA, Boys or Girls Clubs, or the Boy Scouts or Girl Scouts) or a local parks or recreation department.

Tobacco:

The percentage of districts with policies that prohibited all tobacco use during any school-related activity increased from 46.7 percent in 2000 to 67.5 percent in 2012.

SHPPS is a national survey periodically conducted to assess school health policies and practices at the state, district, school, and classroom levels. SHPPS assesses the characteristics of eight components of school health: health education, physical education and activity, health services, mental health and social services, nutrition services, healthy and safe school environment, faculty and staff health promotion, and family and community involvement.

SHPPS was conducted at all levels in 1994, 2000, and 2006. The 2012 study collected data at the state and district levels only.  The school- and classroom-level data from SHPPS will be collected in 2014 and released in 2015.


Tuesday, August 27, 2013

THE RIM FIRES

The Rim Fires.  Credit:  NASA
FROM:  NASA 

The Rim Fire in northeastern California continues to burn on the Stanislaus National Forest, Yosemite National Park, and the Bureau of Land Management and State responsibility land.  This fire began on August 17, 2013 and its cause is still currently under investigation.  Over 224 square miles have been affected as of Sunday, August 25.  It is still only 7 percent contained. Inaccessible terrain, strong winds, and dry conditions all present at this fire make for very difficult fire fighting. The ability for this fire to create havoc spreads far and wide, beyond even the area it is consuming.  According to the San Jose Mercury News, "Although the Rim Fire is more than 100 miles from the Bay Area, it still could threaten San Francisco's electric supply if it damages the power system originating in O'Shaughnessy Dam at Hetch Hetchy reservoir."

The latest on the Rim Fire from inciweb.org:  "The Rim incident is expected to continue to exhibit very large fire growth due to extremely dry fuels and inaccessible terrain. Rapid fire growth and extreme fire behavior and hampering suppression efforts. Aerial resources are being effective with MAFFs and VLAT DC-10 air tankers prepping locations in advance of the fires spread toward the Highway 108 corridor and along the eastern perimeter of the fire. The forecasted high winds and high potential for long range spotting however remains a  significant concern for fire to advance beyond the retardant lines and allow for fire spread into the communities of Tuolumne City, Twain Harte and Long Barn to the west of the fire and east into the Hetch Hetchy watershed."

The fire itself is in control of its own weather.  NBC4 in Southern California reports: "Calfornia fire officials say the fire is so large and is burning with such a force, it has created its own weather pattern, making it difficult to predict which direction it will move. 'As the smoke column builds up it breaks down and collapses inside of itself, sending downdrafts and gusts that can go in any direction,'' CalFire spokesman Daniel Berlant told the Associated Press. "There's a lot of potential for this one to continue to grow.'"

Dense smoke from the fire has been a serious health threat as well.  Health officials in Reno, Nevada report the air quality index in their city is in the "unhealthy" range due to the smoke fallout from the Rim Fire. The smoke has also created visibility problems for air ambulance services in the Reno area as well.  The smoke has prevented them from responding to some emergency calls across the region in the last couple of days.

NEW YORK GETS $4.7 MILLION GRANT FOR RECENT STORMS AND FLOODING

FROM U.S. DEPARTMENT OF LABOR 
US Department of Labor provides $4.7 million grant to assist New York with recovery from severe storms and flooding

WASHINGTON — The U.S. Department of Labor today awarded a $4,760,671 National Emergency Grant to assist New York with cleanup and recovery efforts after the severe storms and flooding that struck the state from June 26 to July 4, 2013.
"The Mohawk Valley area of New York experienced significant flooding and other storm-related damage. With this federal grant, impacted communities can move forward with cleanup and restoration activities while also providing temporary work opportunities for those in need of employment," said Secretary of Labor Thomas E. Perez.
On July 12, 2013, the Federal Emergency Management Agency declared 16 New York counties as eligible for FEMA's Public Assistance Program: Allegany, Broome, Chautauqua, Chenango, Clinton, Cortland, Delaware, Essex, Franklin, Herkimer, Madison, Montgomery, Niagara, Oneida, Otsego and Warren.

OIL COMPANY TO PAY $18 MILLION TO RESOLVE CLEAN AIR ACT VIOLATIONS AT A UTAH REFINERY

FROM:  U.S. DEPARTMENT OF JUSTICE 

Friday, August 23, 2013
Big West Oil to Pay Penalty and Spend $18 Million on Emission Controls to Resolve Clean Air Act Violations at North Salt Lake Refinery
Company to Reduce Harmful Sulfur Dioxide, Nitrogen Oxide and Particulate Emissions and Improve Chemical Monitoring

Big West Oil LLC has agreed to pay a $175,000 penalty and to spend approximately $18 million to install emission controls at its refinery in North Salt Lake, Utah, announced the Department of Justice and the U.S. Environmental Protection Agency (EPA) today.  Big West Oil will also invest $253,000 to improve the monitoring and management of potential releases of hydrofluoric acid at the facility.

Today’s agreement resolves alleged violations of key provisions of the Clean Air Act at the refinery, including requirements associated with the Prevention of Significant Deterioration and New Source Performance Standards.

When fully implemented, the controls and requirements under the agreement will reduce emissions of sulfur dioxide (SO2) by approximately 158 tons per year (tpy), nitrogen oxides (NOx) by approximately 32 tpy, and particulate matter (PM) by approximately 36 tpy.  Additional reductions of volatile and hazardous pollutants, such as benzene, are expected as a result of compliance with leak detection and repair requirements.

Sulfur dioxide and nitrogen oxides contribute to ground-level ozone, acid rain and the degradation of terrestrial and aquatic ecosystems and can also irritate the lungs and contribute to respiratory illnesses.  Fine particle pollution contains microscopic solids and liquid droplets that can penetrate deep into the lungs and cause significant lung and heart damage.

“This settlement will result in substantial reductions in harmful air pollution and, building on previous settlements with area refineries, marks another step forward in improving the quality of air Utahns breathe in the Salt Lake City area,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division.  “Big West Oil will be required to install advanced technology pollution controls that will benefit the health and environment of its neighbors and future generations.”

“EPA continues to secure significant settlements with refineries that benefit public health and improve air quality in our communities,” said EPA Regional Administrator Shaun McGrath.  “Today’s agreement will help bring Big West Oil’s refinery up to date with industry standards to protect the environment.”

Today’s settlement requires Big West Oil to install a state-of-the-art flue gas filter system to control emissions of PM and to place ultra-low NOx burners on four heaters and boilers.  The company will also undertake measures to reduce SO2 emissions from the refinery by, among other things, restricting hydrogen sulfide (H2S) in fuel gas and installing and operating a caustic scrubber system at the sulfur recovery plant.

Additionally, Big West Oil has agreed to make numerous upgrades to its leak detection and repair program, including the installation of low-leaking valves, and to enhance its waste operations to minimize or eliminate fugitive benzene emissions.  The cost of the measures to be taken by the refinery is estimated at $18 million.

In addition, the company will spend $253,000 on a supplemental environmental project to install a laser detection system around the perimeter of the Hydrofluoric Acid Alkylation Unit that will improve the detection and response to releases of potentially hazardous acid.  This system will reduce emissions and enhance safety for refinery workers and nearby communities.

The reduction in pollutants will benefit communities near the refinery, which include significant minority and low-income populations.  The refinery is also located in an area designated as nonattainment for the federal 24-hour standard for fine particles (PM2.5).

Under the PSD permitting requirements, certain large industrial facilities making modifications that increase air pollutant emissions are required to install state-of-the-art air pollution controls.  EPA investigations in various industries, including petroleum refining, reveal that many facilities fail to install pollution controls after modifications, causing them to emit pollutants that can impact air quality and public health.  The Clean Air Act’s New Source Performance Standards require additional control measures at refineries.  Enforcing these requirements reduces air pollution and ensures that facilities that are complying with the requirements are not at a competitive disadvantage.

Since March 2000, the EPA has entered into 31 settlements with companies that refine greater than 90 percent of the domestic petroleum refining capacity.  These settlements cover 107 refineries in 32 states and territories.  Once the settlements are fully implemented, the companies will have reduced emissions of NOx, SO2, and other pollutants by more than 360,000 tons per year.  The settling refiners have invested or will invest more than $6.5 billion in new pollution control technologies and have paid more than $93 million in penalties.  In addition, the settlements reached to date account for more than $80 million in supplemental environmental projects.

SEC. HAGEL'S CALLS WITH U.K. AND FRENCH COUNTERPARTS REGARDING SYRIAN CHEMICAL WEAPONS ATTACKS

FROM:  U.S. DEFENSE DEPARTMENT 
Readout of Secretary Hagel's Calls with U.K. and French Defense Leaders

           Pentagon Press Secretary George Little provided the following readout:

           Today, while traveling in Southeast Asia, Secretary Hagel spoke by phone with United Kingdom Secretary of State for Defense Phillip Hammond and French Minister of Defense Jean-Yves Le Drian. In the conversations, Secretary Hagel conveyed that the United States is committed to working with the international community to respond to the outrageous chemical attacks that have claimed the lives of innocent civilians in Syria. He condemned the violence carried out by the Syrian regime and stated that the United States military is prepared for any contingency involving Syria. Finally, Secretary Hagel pledged to continue close coordination with the British and French defense forces.

Grenzen ausloten

Grenzen ausloten

REMARKS BY DEFENSE SECRETARY HAGEL AND INDONESIAN MINISTER OF DEFENSE YUSGIANTORO

FROM:  U.S. DEFENSE DEPARTMENT 
Presenter: Secretary of Defense Chuck Hagel and Indonesian Minister of Defense Purnomo Yusgiantoro August 26, 2013
Remarks by Secretary Hagel and Minister of Defense Purnomo to Indonesian troops in Jakarta, Indonesia

           MINISTER OF DEFENSE PURNOMO YUSGIANTORO: (Translator)

            Well, a very good afternoon to all of you. With us this afternoon is the secretary of defense, United States, Secretary Chuck Hagel. He arrived in Indonesia this morning, and then we paid a courtesy visit to the president, to the President Yudhoyono. With the president, we discussed a lot of things, the global issue, regional issue, and also the bilateral ties between Indonesia and U.S.



           All right. After the visit from the palace, then, we came to the ministry of defense. We had the guest of honor, due to Secretary Hagel, and then we have bilateral meetings. Many things that we discuss, how we can enhance the cooperation between U.S. and Indonesia.



           The important thing that I raise is the education and training, are things very important for you, the young officials. I think most of them, Secretary Hagel (inaudible) from the military academy, on the military academy, those young persons.



           Then since after we finish with this program, we're going to have the signing of (inaudible) letter of agreement. And then we have a press conference. And tomorrow, both of us, you know, fly to Bandar Seri Begawan to meet 10 ASEAN defense ministers' meeting and plus eight countries.



           So with this kind of introduction, I would like to ask you, Secretary Hagel, you want to say something before you discuss with this young official here. Please. The floor is yours.



           SECRETARY OF DEFENSE CHUCK HAGEL: Minister -- Minister Purnomo, thank you. I very much appreciate an opportunity to see you again. And as you noted, we had a very positive and productive meeting with the president a couple of hours ago.



           But I am particularly pleased and honored to have an opportunity to address all of you. You are an elite force. You have tremendously important responsibilities, as you know.



           Minister Purnomo just noted that education and training are particularly important. And many times I think in militaries that can occasionally get lost. You know, we all begin our lives and finish our lives as complete people. We are individuals first and soldiers, or whatever your profession is, second. And a professional soldier, a well-trained, well-led, well-equipped soldier, is a pride of any country.



           And it is the pride of a country because in democracies you recognize the rule of law. And you recognize your obligations are to your people and to each other and defending laws in the higher -- in the higher law of all of us, as -- as individuals.



           So I congratulate you for your professionalism. I know some of you have graduated and attended some of our military institutions in the United States. And we're very proud of you. We're proud of our graduates. We have -- as you know, many of the U.S. military people come here in not only exchanges and exercises, but we take training here. And that exchange of people-to-people, regardless of your profession, but in particular the military-to-military exchange is a very solid bridge-building mechanism for countries.



           And I just want you to know how proud we are of our militaries in the United States and what you're doing, as we work together to make a better world, to enhance peace and prosperity and security. That is your life; that is your commitment. And I do not know of a more noble profession than what you are doing on behalf of a better world.



            So, thank you. Minister, thank you for allowing me the privilege to share a few words with these magnificent soldiers. Thank you.



           MIN. PURNOMO: I just want to make sure, with Secretary Hagel, that, you know, he'll be able to -- he'll be happy to receive the Q&A, the question-and-answer from you. So feel free, you know, if you have any questions, because I believe that you were also a soldier before. You can -- you can share some of your experiences being a soldier before.



            SEC. HAGEL: Well, I'm not in the same class or category with these soldiers. I did spend two years of my life in the United States Army. I fought in Vietnam in 1968, so I have some appreciation for war and for battle and what your challenges are and your training.



           But I'm not in your class. I was a soldier for two years, but I guess if you're once a soldier, you're always a soldier, but I'm very proud of my service in the United States Army. Thank you.



           MIN. PURNOMO: (speaking foreign language) Please.



           Q: (Translator) Mr. Secretary, it is a great honor to have you among us today in Jakarta. I am (inaudible). I served in the U.N. peacekeeping mission in Lebanon, 2006 and 2007, and I am currently serving as the chief of operations at the 17th Airborne Infantry Brigade, part of KOSTRAD, the Army's strategic reserve command.



           And here I'd like to inform you that I was pleased and was fortunate to be part of the IMET program, whereas I finished the advanced officers' course or the Maneuver Captain's Career Course from Fort Benning, 2011. During the six months' rigorous training, I had the opportunity to enrich my military knowledge and experience through engagement with my fellow American officers who have been deployed in Iraq and Afghanistan. In addition, I was able to interact with the local Americans and to learn about the local traditions and cultures. And I think it was a very rewarding experience for me, personally and professionally.



           And I would like to take this rare opportunity to express my great expectation as a junior TNI officer that we can enhance our cooperation of our two militaries and also to strengthen the bond of our soldiers in the future. A great example was the last -- the last joint airborne exercise, taking place in Indonesia with the 82nd Airborne Division. That event served as an effective medium of exchange, knowledge, skills and experience, but on top of it, it was the spirit of brotherhood that made that kind of exercise even more valuable.



           Therefore, I would like to recommend that we can enhance the military cooperations between the two countries by enhancing the IMET program through two sectors, just like what you have said earlier, education and training. As for education, it is so -- it will be very important for us if we can have a greater opportunity to send officers for post-graduate-level education, because it is critical to produce our very own soldier-scholars, because you want to make -- we want to develop our institution into more -- more professional, world-class military, including to produce brilliant strategic thinkers and defense practitioners.



           And the second track will be joint exercises. We can -- I'm sorry, the military courses. The military courses is very valuable, because it will help us to -- to have certain number of officers who can develop our doctrines, tactics and procedures so we can be a more developed and -- and a more joint fighting forces.



           And second track will be the joint exercises. We can enhance the existing regular joint exercises that we conduct in Indonesia, for example, the (inaudible) Shield and other trainings within our armed forces. And the second will be, if it is possible, Mr. Secretary, we can discuss this possibilities whether we can send our soldiers to train in your training ground in the U.S., so we can experience your advanced training facilities, which we believe that we can learn and acquire important lessons learned, especially in terms of military operations in urban terrain, as well as peace-making operations.



           With this, we believe that both of our militaries can enhance cooperations and to pursue our common objective, especially to preserve peace and security in this region. I thank you.

           SEC. HAGEL: Thank you. Very articulate summation of the quality of your forces represented by your words, and very wise words. And I thank you for that.



           On the specific point of the IMET, I have always believed -- and I think most of the Congress of the United States -- I know President Obama and all of the leadership of the Pentagon and the American armed forces believe strongly that the IMET program is -- is one of the smartest, best investments that the United States can make in relationships around the world, and in particular for the future. And I think you and many of your colleagues are very clear examples of that.



           The consequences of training and education hardly can be qualified, they are so important. Each of you are role models. And how you conduct yourselves, what you say, and how you lead ripple out in ways you'll probably never know. But people watch you. Your subordinates watch you. Others watch you carefully. And how you conduct yourselves is really the essence of leadership.



           And that comes through a lot of things. It comes through other role models. We each have had role models in our lives. You have them. It comes through education, through training, through the professionalization of your services. IMET does that as well as any one program I think the United States has, so you can be assured that that program is going to continue and we'll continue to enhance it. Thank you.



             MIN. PURNOMO: Well, it's time limit. We would like to thank for your presence here and thanks, Secretary Hagel, for sharing of your knowledge. And we're going to move now to the press conference in the other buildings. And, again, thank you very much. Appreciate it. (Applause.)

NAVIES OF CHINA AND U.S. PARTICIPATE IN COUNTER PIRACY EXERCISE

An MH-60S Seahawk helicopter assigned to the "Swamp Foxes" of Maritime Helicopter Combat Squadron 74 departs the guided-missile destroyer USS Mason during a U.S.-China cross-deck landing exercise with the Chinese navy destroyer Harbin in the Gulf of Aden, Aug. 24, 2013. The operation was part of a two-day counter piracy exercise between U.S. 5th Fleet and the Chinese navy. U.S. Navy photo by Petty Officer 2nd Class Rob Aylward 
FROM:  U.S. DEFENSE DEPARTMENT 
U.S., Chinese Navies Exercise Counter Piracy in Gulf of Aden
By Donna Miles
American Forces Press Service

WASHINGTON, Aug. 26, 2013 - After concluding an ambitious counter piracy exercise yesterday with the Chinese navy, members of the U.S. 5th Fleet expressed hope it will lay groundwork for closer future cooperation in ensuring freedom of movement in the Gulf of Aden, other regional waters, and beyond.
The guided-missile destroyer USS Mason joined the Chinese destroyer Harbin and Chinese auxiliary replenishment oiler Weishanhu for the two-day exercise in the Gulf of Aden, Navy Capt. Joseph Naman, commander of Destroyer Squadron 50 and Task Force 55, said during a phone interview from Bahrain.
The Chinese oiler played the role of a pirated vessel, as crew members from the Mason and Harbin conducted a combined visit, board, search and seizure drill that included a night boarding, reported Navy Cmdr. D. Wilson Marks, Mason's commanding officer.

Simulated medical emergencies and hostage scenarios required the sailors to work together to provide a coordinated response.

In addition, the crews demonstrated synchronized maneuver techniques during a live-fire proficiency exercise, engaging an inflatable target with the 5-inch MK-45 lightweight gun and 3.9-inch ENG deck guns, Marks said.

Another "significant milestone," Naman said, was the landing of a helicopter from each country aboard the deck of each other's ship.

The exercise represented a big step beyond the first counterpiracy exercise between 5th Fleet and the Chinese navy, conducted in September near the Horn of Africa, Naman said. The 2012 exercise, which involved the USS Winston S. Churchill and the Chinese frigate Yi Yang, lasted only about six hours and was limited to a basic visit, board, search and secure exercise, follow-on discussion and crew lunch.

Throughout this week's mission, Marks said, he was struck by how similarly the two navies operate.

"What my crew found out is they are sailors like we are," practicing many of the same techniques as they confronted the same challenges, he said.

Both the United States and China recognize the importance of freedom of access and movement in the maritime environment, uninhibited by piracy or other illicit activity, Naman noted.

"I think both China and the U.S. share the common goal to make that happen," he said.

Both navies, for example, regularly conduct counterpiracy operations in the Gulf region.

The United States is part of a multinational coalition task force that works collaboratively in and around the Gulf of Aden, Arabian Sea, Indian Ocean and the Red Sea. China, in contrast, operates independently. Naman said he would like to see that change, and that he hopes exercises like the one conducted over the weekend will encourage China to consider joining the coalition.

International cooperation and measures taken by the civilian shipping industry to discourage pirates have brought a dramatic drop in piracy compared to just three to four years ago, he reported.

"The sum of the parts is greater than the one, which is what the coalition brings in," Marks said. "You can share best practices, build on each other's strengths [and] capitalize on those strengths. ... We are all working toward that shared goal of freedom of movement in the maritime [domain]. So if we all share the same goal, we ought to be working together, and that is what we are really trying to do."

In the meantime, he said, exercising together helps to increase interoperability between the U.S. and Chinese navies that they can draw on in the future, anywhere in the world.

"As we have learned in the past, military-to-military engagement pays big dividends, because we operate in the same environment and ... share the same common goals for that maritime environment," Naman said.

Marks, who called the exercise "one of those once-in-a-career experiences," said he and his crew hope for more opportunities to work with the Chinese navy.

For one of the participants, Navy Seaman Yi An, the exercise was particularly memorable. A naturalized U.S. citizen, the culinary specialist was born in China's Quingdao province -- which the Harbin's crew calls home.

Yi served as an interpreter during the exercise, generating a lot of excitement among the Chinese sailors as he shared hometown stories, Marks said. He was treated as an honored guest aboard the Harbin during a luncheon yesterday that concluded the exercise.

But exercising with their Chinese counterparts gave the entire Mason crew new insights, Marks said.

"Watching U.S. and Chinese sailors working side by side was amazing," he said. "We may come from different places and speak a different language, but at the end of the day, we all share a common interest in protecting the maritime environment."

(Navy Petty Officer 2nd Class Rob Aylward contributed to this article.)


U.S. TO SELL APACHE HELICOPTERS TO INDONESIA

FROM:  U.S. DEFENSE DEPARTMENT 
Hagel Announces U.S. Deal to Sell Helicopters to Indonesia
By Cheryl Pellerin
American Forces Press Service

JAKARTA, Indonesia, Aug. 26, 2013 - In a first-of-its-kind deal worth about $500 million, the United States has agreed to sell eight new Apache AH-64E attack helicopters and Longbow radars to Indonesia, Defense Secretary Chuck Hagel said here today.

Hagel announced the deal during a joint news conference with Indonesian Defense Minister Purnomo Yusgiantoro after productive meetings this afternoon with Yusgiantoro and earlier today with President Susilo Bambang Yudhoyono.

The secretary is visiting Indonesia as part of an eight-day, four-nation trip that has included a stop in Malaysia and will take him this week to Brunei and the Philippines.

"Providing Indonesia these world-class helicopters is an example of our commitment to help build Indonesia's military capability," Hagel said.

The U.S. military will train Indonesian pilots and help in developing tactics, techniques and procedures for operating in the Southeast Asian security environment, a senior defense official said, adding that details of the delivery and training timeline are being determined.

The agreement represents a significant advance in military capabilities by a key U.S. partner and is the sort of investment the United States believes is prudent to support security in the Asia-Pacific region, the official said.

The new capability "will help Indonesia respond to a range of contingencies, including counterpiracy operations and maritime awareness," he added.

"The United States is committed to working with Southeast Asian nations to grow defense capabilities and deepen military-to-military cooperation with all of our partners," the official said.

During the news conference with Yusgiantoro, Hagel said it has been impressive to watch a democratic Indonesia emerge as one of the most important contributors to peace and prosperity, not only in Asia, but also globally.

"Helping ensure the region's security and prosperity is a goal the United States strongly shares," the secretary said. "The strong and enduring security partnership that has been built between the United States and Indonesia is a relationship the United States greatly values."

Hagel said President Barack Obama looks forward to his October visit to Indonesia and to deepening ties between the two countries.

Progress on security includes increasingly complex exercises between the two militaries, and growing defense, trade and high-level policy engagement, the secretary added.

The two militaries recently launched an initiative to share best practices in defense planning and management to increase Indonesian military capability, Hagel said, and next month the United States and Indonesia will cohost a counterterrorism exercise under the framework of the ASEAN Defense Ministers Meeting-Plus.

ASEAN is the Association of Southeast Asian Nations, whose 10 member states are Burma, Brunei, Cambodia, Indonesia, Laos, Malaysia, the Philippines, Singapore, Thailand and Vietnam.

Defense ministers from these nations attend the annual ASEAN Defense Ministers Meeting, or ADMM. And the ADMM-Plus is made up of ASEAN members and eight dialogue partners: the United States, China, Japan, South Korea, Australia, India, New Zealand and Russia. This year's ADMM-Plus meeting will be start tomorrow in Brunei.

Hagel said the United States welcomes Indonesia's leadership in promoting regional security cooperation through ASEAN and regional forums such as the East Asia Summit.

"The United States is committed to further strengthening the U.S.-ASEAN relationship and I look forward to meeting with my counterparts this week at the ASEAN Defense Ministers Meeting- Plus in Brunei to address the many security challenges we face in this region," he said.

Developing long-term and enduring solutions to challenges like maritime security, humanitarian assistance, disaster relief, counterterrorism, and the peaceful management of disputes in the South China Sea calls for greater cooperation and respect for rules and norms among all parties and the institutions that underpin them, the secretary noted.

"I am also pleased to be able to announce that the U.S. and Indonesia have pledged mutual support and cooperation on the search and recovery of U.S. personnel missing from World War II," Hagel said.

Several Indonesian ministries have oversight of such requests, including defense, education and culture, and research and technology. All have agreed to process future requests from the Joint POW/MIA Accounting Command, a joint task force within the Defense Department whose mission is to account for Americans listed as prisoners of war, or missing in action, from all past wars and conflicts.

The United States believes that about 1,800 U.S. personnel are still missing in action from World War II in the waters and lands of Indonesia, a senior defense official said, adding that while not all are recoverable, current research indicates that hundreds ultimately may be found and brought home.

"The United States commitment to this effort is important to our personnel serving today," Hagel said, "to make clear that we stand by our pledge to leave no one behind."

A REAL CRIMESTOPPER

FROM:  U.S. MARSHALS SERVICE 
1 Man Crime Stopper Team

Albuquerque, NM – On August 6, 2013, Detective Jesse Carter of the Albuquerque Police Department’s Special Investigation Unit, made his 36th arrest this year to date from crime stopper tips. Detective Carter is assigned full time to the United States Marshals Service’s South West Investigative Fugitive Team (SWIFT) task force. Detective Carter’s mission on the task force is to follow up on leads and tips generated by the Albuquerque Metro Crime Stopper unit.

Last night, the task force arrested fugitive Meghan Clark on charges of Robbery and Kidnapping. Clark’s boyfriend Tom Deforest was also arrested; he was booked on charges of Domestic Battery. Clark and Deforest mark arrests 35 and 36 for the year that have been the result of Crime Stopper tips. District of New Mexico, United States Marshal, Conrad Candelaria said “Detective Carter----- known by the United States Marshals Service for the District of New Mexico as Special Deputy United States Marshal Carter, is part of what defines “Force Multiplier”, whereby the task force is comprised of many law enforcement agencies, across many jurisdictions within New Mexico, because dangerous and violent fugitives do not recognize jurisdictional boundaries. The “Force Multiplier” is relied upon in order to achieve the important mission of fugitive apprehension, through collaboration, cooperation that is combined with exceptional investigative skill and it is through these efforts that our many communities in New Mexico are safer.”

IMAGE OF NEAR-EARTH OBJECT 1998 KN3


FROM:  NASA 

This image shows the potentially hazardous near-Earth object 1998 KN3 as it zips past a cloud of dense gas and dust near the Orion nebula. NEOWISE, the asteroid-hunting portion of the Wide-field Infrared Survey Explorer, or WISE, mission, snapped infrared pictures of the asteroid, seen as the yellow-green dot at upper left. Because asteroids are warmed by the sun to roughly room temperature, they glow brightly at the infrared wavelengths used by WISE. Astronomers use infrared light from asteroids to measure their sizes, and when combined with visible-light observations, they can also measure the reflectivity of their surfaces. The WISE infrared data reveal that this asteroid is about .7 mile (1.1 kilometers) in diameter and reflects only about 7 percent of the visible light that falls on its surface, which means it is relatively dark. In this image, blue denotes shorter infrared wavelengths, and red, longer. Hotter objects emit shorter-wavelength light, so they appear blue. The blue stars, for example, have temperatures of thousands of degrees. The coolest gas and dust appears red. The asteroid appears yellow in the image because it is about room temperature: cooler than the distant stars, but warmer than the dust. JPL manages the Wide-field Infrared Survey Explorer for NASA's Science Mission Directorate, Washington. The principal investigator, Edward Wright, is at UCLA. The mission was competitively selected under NASA's Explorers Program managed by the Goddard Space Flight Center, Greenbelt, Md. The science instrument was built by the Space Dynamics Laboratory, Logan, Utah, and the spacecraft was built by Ball Aerospace & Technologies Corp., Boulder, Colo. Science operations and data processing take place at the Infrared Processing and Analysis Center at the California Institute of Technology in Pasadena. Caltech manages JPL for NASA. Image Credit: NASA/JPL-Caltech.


Monday, August 26, 2013

SECRETARY OF STATE KERRY'S REMARKS ON CHEMICAL WEAPONS ATTACKS BY SYRIA

FROM:  U.S. STATE DEPARTMENT 
Remarks on Syria
Remarks
John Kerry
Secretary of State
Press Briefing Room
Washington, DC
August 26, 2013

Well, for the last several days President Obama and his entire national security team have been reviewing the situation in Syria, and today I want to provide an update on our efforts as we consider our response to the use of chemical weapons.

What we saw in Syria last week should shock the conscience of the world. It defies any code of morality. Let me be clear: The indiscriminate slaughter of civilians, the killing of women and children and innocent bystanders, by chemical weapons is a moral obscenity. By any standard it is inexcusable, and despite the excuses and equivocations that some have manufactured, it is undeniable.

The meaning of this attack goes beyond the conflict in Syria itself, and that conflict has already brought so much terrible suffering. This is about the large-scale, indiscriminate use of weapons that the civilized world long ago decided must never be used at all – a conviction shared even by countries that agree on little else. There is a clear reason that the world has banned entirely the use of chemical weapons. There is a reason the international community has set a clear standard and why many countries have taken major steps to eradicate these weapons. There is a reason why President Obama has made it such a priority to stop the proliferation of these weapons and lock them down where they do exist. There is a reason why President Obama has made clear to the Assad regime that this international norm cannot be violated without consequences. And there is a reason why no matter what you believe about Syria, all peoples and all nations who believe in the cause of our common humanity must stand up to assure that there is accountability for the use of chemical weapons so that it never happens again.

Last night after speaking with foreign ministers from around the world about the gravity of this situation, I went back and I watched the videos, the videos that anybody can watch in the social media, and I watched them one more gut-wrenching time. It is really hard to express in words the human suffering that they lay out before us. As a father, I can’t get the image out of my head of a man who held up his dead child, wailing while chaos swirled around him; the images of entire families dead in their beds without a drop of blood or even a visible wound; bodies contorting in spasms; human suffering that we can never ignore or forget. Anyone who can claim that an attack of this staggering scale could be contrived or fabricated needs to check their conscience and their own moral compass.

What is before us today is real, and it is compelling. So I also want to underscore that while investigators are gathering additional evidence on the ground, our understanding of what has already happened in Syria is grounded in facts informed by conscience and guided by common sense. The reported number of victims, the reported symptoms of those who were killed or injured, the firsthand accounts from humanitarian organizations on the ground like Doctors Without Borders and the Syria Human Rights Commission – these all strongly indicate that everything these images are already screaming at us is real, that chemical weapons were used in Syria.

Moreover, we know that the Syrian regime maintains custody of these chemical weapons. We know that the Syrian regime has the capacity to do this with rockets. We know that the regime has been determined to clear the opposition from those very places where the attacks took place. And with our own eyes, we have all of us become witnesses.

We have additional information about this attack, and that information is being compiled and reviewed together with our partners, and we will provide that information in the days ahead.

Our sense of basic humanity is offended not only by this cowardly crime but also by the cynical attempt to cover it up. At every turn, the Syrian regime has failed to cooperate with the UN investigation, using it only to stall and to stymie the important effort to bring to light what happened in Damascus in the dead of night. And as Ban Ki-moon said last week, the UN investigation will not determine who used these chemical weapons, only whether such weapons were used – a judgment that is already clear to the world.

I spoke on Thursday with Syrian Foreign Minister Muallim and I made it very clear to him that if the regime, as he argued, had nothing to hide, then their response should be immediate – immediate transparency, immediate access – not shelling. Their response needed to be unrestricted and immediate access. Failure to permit that, I told him, would tell its own story.

Instead, for five days, the Syrian regime refused to allow the UN investigators access to the site of the attack that would allegedly exonerate them. Instead, it attacked the area further, shelling it and systematically destroying evidence. That is not the behavior of a government that has nothing to hide. That is not the action of a regime eager to prove to the world that it had not used chemical weapons. In fact, the regime’s belated decision to allow access is too late, and it’s too late to be credible. Today’s reports of an attack on the UN investigators, together with the continued shelling of these very neighborhoods, only further weakens the regime’s credibility.

At President Obama’s direction, I’ve spent many hours over the last few days on the phone with foreign ministers and other leaders. The Administration is actively consulting with members of Congress and we will continue to have these conversations in the days ahead. President Obama has also been in close touch with the leaders of our key allies, and the President will be making an informed decision about how to respond to this indiscriminate use of chemical weapons. But make no mistake: President Obama believes there must be accountability for those who would use the world’s most heinous weapons against the world’s most vulnerable people. Nothing today is more serious and nothing is receiving more serious scrutiny.

Thank you.

KEY PART OF CLIMATE ACTION PLAN BEGINS

FROM:  ENVIRONMENTAL PROTECTION AGENCY 
EPA Launches Online Green Sports Resource Directory

WASHINGTON — The U. S. Environmental Protection agency (EPA) is unveiling a new online Green Sports Resource Directory that can help teams, venues, and leagues save money and reduce carbon pollution through increased energy efficiency, a key part of President Obama's Climate Action Plan.

Additionally, the new directory contains information that can help teams reduce waste and gain recognition for their programs that reduce the environmental impact of their events. EPA Deputy Administrator Bob Perciasepe made the announcement today during the third annual Green Sports Alliance summit in New York City.

“As a founding partner of the Green Sports Alliance, EPA is committed to working with its members to help teams and sports venues green their operations, and engage fans,” said Deputy Administrator Perciasepe. “EPA’s new Green Sports Resource Directory will provide easy access to information on Agency tools and programs along with success stories to serve as examples of what can be achieved with a winning game plan for going green.”

Currently, the Green Sports Alliance has more than 180 members and is working with more than 75 teams at both the professional and collegiate levels and over 100 stadiums and sports venues across the country, with participation increasing daily. This week’s Summit includes a number of EPA speakers as well as leaders from across the sports community who recognize the potential for real environmental benefits from greening sports events and venues, and the potential for teams to inspire fans to adopt greener practices in their daily lives.

The Green Sports Resource Directory brings together Agency resources to support teams and their fans, stadiums, and venues, who want to improve their waste management, water and energy conservation, and other sustainability efforts.

EPA compiled a Green "Scoreboard" that highlights a number of winning efforts across numerous sports leagues and some statistics on the environmental and saving benefits. The Scoreboard is available on the Green Sports Resource Directory.


U.S.-RUSSIA MILITARY-TO-MILITARY COOPERATION IN TERRORIST HIJACKER EXERCISE

FROM:  U.S. DEPARTMENT OF DEFENSE 
Vigilant Eagle Continues Closer U.S.-Russian Cooperation
By Donna Miles
American Forces Press Service

WASHINGTON, Aug. 26, 2013 - Beginning tomorrow, fighter jets from the North American Aerospace Defense Command and the Russian air force will scramble to track and intercept "hijacked" aircraft during an air defense exercise viewed as a steppingstone toward closer military-to-military cooperation in additional areas.

Vigilant Eagle 13 kicked off today, with scenarios that present the United States, Canada and Russia with a common enemy: terrorist hijackers, Joseph Bonnet, director of joint training and exercises for NORAD and U.S. Northern Command, said during a telephone interview with American Forces Press Service.

The exercise is the fifth in a series, based on a 2003 agreement between the sitting U.S. and Russian presidents to strengthen the two militaries' relationship and their ability to work together. The threat of international hijackers served as a foundation to help advance that effort, resulting in an exercise program that addresses a recognized threat, Bonnet explained.

Vigilant Eagle began in 2008 as a command post exercise. At Russia's request, it now alternates between CPXs that test out principles and procedures in a computer-based setting and "live-fly" exercises that apply those principles and procedures the following year.

This year's exercise is the third in the series to incorporate actual aircraft, Bonnet reported. A Russian Tupolev and a commercial aircraft contracted by the United States will simulate commercial airliners seized by terrorists. The U.S. Air Force's Airborne Warning and Control System and Russia's A-50 Beriev will serve as command-and-control platforms.

Live fighter jets -- Canadian CF-18 Hornets and Russian Sukhois -- will track, identify, intercept and follow the hijacked aircraft, and both Canada and Russia will conduct air-to-air refueling operations. The Canadian air force has been integral to past Vigilant Eagle exercises, but is contributing aircraft for the first time this year, Bonnet said.

In addition, the Federal Aviation Administration and its Russian equivalent are participating.

The scenario involves two "hijacked" commercial aircraft that challenge participants on the ground and in the sky to provide a coordinated response, Bonnet explained. The first flight, to originate tomorrow from Anchorage, Alaska, will travel into Russian airspace. The following day, a Russian aircraft will take off from Anadyr, Russia, toward U.S. airspace.

When the aircraft fail to respond to communications, NORAD, the U.S.-Canada command that safeguards U.S. skies under Operation Noble Eagle, and the Russian air force will move into action. Both will launch or divert fighter jets to investigate and follow the suspect aircraft headed toward each other's airspace. At that point, they will hand off the missions to each other to complete.

Working together in Anchorage and Anadyr and at the NORAD headquarters in Colorado Springs, Colo., participants will cooperate in escort and handoff procedures using two distinct communications, command-and-control and air traffic control systems, Bonnet said.

Vigilant Eagle has become more ambitious and valuable with each iteration, Bonnet said, noting that this year's exercise will be no different.

"This is the culmination of everything that has gone on in previous exercises, and we expect it to continue to mature," he said. "Like us, the Russian Federation air force is eager to expand the scope and complexity of the exercise, and to look into other areas," such as related search-and-rescue and airfield operations.

Bonnet called continuation of Vigilant Eagle, particularly at a time when budget costs have caused the cancellation of many other exercises, a success in itself. With fewer than 100 people directly involved from the United States, Vigilant Eagle offers tremendous "bang for the buck," he said.

"This is a small, relatively inexpensive exercise with a huge payoff," he said. "It doesn't cost any of the countries a lot of money, but it is building things that have immediate value for all of them. When you have procedures and a means of communicating information between both sides, that has a lot of value."

Another big success, Bonnet said, is that the exercise has transcended leadership changes both in the United States and in Russia, as well as recent political tensions between them.

Both countries recognize the importance of continued cooperation to keep their international borders safe, he said.

"It is one of the biggest single areas where the Russian Federation, U.S. and Canada can truly cooperate," he said. "All three countries share a common objective in thwarting, combating and cooperating against terrorism."

As their militaries work together to confront terrorist hijackers, Bonnet said, they are laying the foundation for future cooperation in other areas.

"What we are trying to do is continually build and expand the exercise and use this as a basis for moving the relationship forward," he said. "That, to me, is the biggest value of Vigilant Eagle."

European Space Agency United Kingdom (EN) Update

European Space Agency United Kingdom (EN) Update

BANK SUED BY LABOR DEPARTMENT OVER ILLEGAL DIVERSION OF EMPLOYEE ASSETS

FROM:  U.S. LABOR DEPARTMENT 
US Department of Labor sues San Francisco's California Pacific Bank

Nearly $1.4 million in employee stock ownership assets allegedly mismanaged
SAN FRANCISCO — The U.S. Department of Labor has filed a lawsuit against San Francisco's California Pacific Bank and four of its directors. The complaint alleges that the bank, its CEO and three additional fiduciaries of the bank's Employee Stock Ownership Plan mismanaged plan assets resulting in potential plan losses totaling approximately $1.4 million. The suit asks the court to require the fiduciaries to restore all losses they caused to the plan.

The department alleges that after terminating the ESOP in 2010, the fiduciaries violated the Employee Retirement Income Security Act by failing to liquidate and distribute plan assets in cash to plan participants as required. Because the bank is not a publicly traded company, participants were left with shares of the company's stock they could not easily liquidate for cash, if at all.

Agency investigators determined that the participants would have received approximately $1.24 million if the plan's 97,237 shares had been liquidated and distributed in cash at their assessed December 2009 value. The lawsuit also alleges that in 2011, $81,407 was improperly diverted to the bank, and in 2012, the fiduciaries improperly transferred nearly $70,000 in plan assets to the bank. Finally it is alleged that the bank also held plan assets in non-interest bearing accounts, making assets available for bank use without charge and without accruing interest on the funds for the benefit of the plan.

The complaint names California Pacific Bank CEO and board member Richard Chi, who served as the plan administrator and a plan trustee. Also named are board members and trustees Akila Chen, Kent Chen, and William Mo. The suit asks the court to permanently remove all four as plan fiduciaries and to appoint an independent fiduciary with control over the plan and its assets. The independent fiduciary would administer the liquidation and termination of the plan. The complaint also seeks to permanently enjoin the defendants from ever serving, directly or indirectly, as a fiduciary or service provider with respect to any employee benefit plan subject to ERISA, and to require them to disgorge to the plan any financial benefits they realized as a result of their violations.


DEPARTMENTS OF JUSTICE AND EDUCATION ANNOUNCE RESEARCH FINDINGS ON EDUCATION AND RECIDIVISM

FROM:  U.S. JUSTICE DEPARTMENT 
Thursday, August 22, 2013

Justice and Education Departments Announce New Research Showing Prison Education Reduces Recidivism, Saves Money, Improves Employment
Attorney General Eric Holder and Secretary of Education Arne Duncan today announced research findings showing that, on average, inmates who participated in correctional education programs had 43 percent lower odds of returning to prison than inmates who did not.  Each year approximately 700,000 individuals leave federal and state prisons; about half of them will be reincarcerated within three years.  The research, funded by the Justice Department’s Bureau of Justice Assistance, was released today by the RAND Corporation.

“These findings reinforce the need to become smarter on crime by expanding proven strategies for keeping our communities safe, and ensuring that those who have paid their debts to society have the chance to become productive citizens,” said Attorney General Holder.  “We have an opportunity and an obligation to use smart methods – and advance innovative new programs – that can improve public safety while reducing costs.  As it stands, too many individuals and communities are harmed, rather than helped, by a criminal justice system that does not serve the American people as well as it should.  This important research is part of our broader effort to change that.”

The findings, from the largest-ever analysis of correctional educational studies, indicate that prison education programs are cost effective.  According to the research, a one dollar investment in prison education translates into reducing incarceration costs by four to five dollars during the first three years after release, when those leaving prison are most likely to return.

“Correctional education programs provide incarcerated individuals with the skills and knowledge essential to their futures,” said Secretary of Education Duncan.  “Investing in these education programs helps released prisoners get back on their feet—and stay on their feet—when they return to communities across the country.”

With funding from The Second Chance Act (P.L. 110-199) of 2007, the RAND Corporation’s analysis of correctional education research found that employment after release was 13 percent higher among prisoners who participated in either academic or vocational education programs than among those who did not.  Those who participated in vocational training were 28 percent more likely to be employed after release from prison than those who did not receive such training.

The report is a collaborative effort of the Departments of Justice and Education, two of 20 federal agencies that make up the federal interagency Reentry Council.  The Reentry Council’s members are working to make communities safer by reducing recidivism and victimization; assisting those who return from prison and jail in becoming contributing members of their communities; and saving taxpayer dollars by lowering the direct and collateral costs of incarceration.  Attorney General Holder chairs the Reentry Council which he established in January 2011.



COURT ENFORCES NLRB ORDERS AGAINST RELCO LOCOMOTIVES, INC., REGARDING TERMINATED EMPLOYEES

FROM:  U.S. LABOR DEPARTMENT 
Eighth Circuit Court of Appeals Enforces NLRB Orders Against RELCO Locomotives, Inc.

In a decision issued on August 20, 2013, the Eighth Circuit Court of Appeals enforced two decisions and orders issued by the National Labor Relations Board against Relco, Locomotives, Inc.  In enforcing the Board’s Orders, the Court agreed that Relco illegally terminated a total of eight employees in violation of the National Labor Relations Act.

Relco repairs and rebuilds locomotives at its facility in Albia, Iowa.  In 2009, employees in the Albia facility sought union representation.  Relco suddenly discharged the leading employee Union adherents.  In addition, in 2010, Relco terminated two other employees who were involved in protests that Relco was overcharging employees to clean their uniforms.  After an investigation, Region 18 of the Board, located in Minneapolis, issued a complaint alleging the four terminations violated the National Labor Relations Act.  The legality of the terminations was litigated before an administrative law judge on September 14 through 16, 2010.

In 2011, employees again sought union representation.  In March 2011, Relco terminated two additional employees who not only were involved in the renewed union organizing, but who also testified in support of the discharged employees in the September 2010 NLRB proceeding.  Around the same time, Relco terminated another two employees who expressed concerns about job security when there were rumors in the plant that the company had terminated another employee.  Following a second investigation, Region 18 issued a second complaint against Relco alleging that the four additional terminations also violated the Act.  The legality of these four terminations was litigated before a different administrative law judge than the first complaint, on August 9 and 10, 2011.

In enforcing the Board Orders, the Eighth Circuit stated that there was substantial evidence that Relco terminated two employees in 2009 because of their union support; that Relco terminated two other employees in 2010 because of their protests involving overcharging for cleaning work uniforms; that Relco terminated two employees in 2011 because of their testimony before the NLRB in the case involving the 2009 terminations; and that two additional employees were illegally terminated because of their discussions and concerns about the rumored termination of another employee.  In doing so, the Court noted that the National Labor Relations Act “provides protections to workers who seek to form a union or otherwise engage in concerted labor activities.”

Finally, the Court (Circuit Judge Smith dissenting) found that Relco waived its right to challenge the Board’s decision on the basis that the Board panel deciding the cases was not constitutionally appointed.


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