HOVENSA IMPOSES ARBITRATION AS APPEAL DELAYED

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Nov. 18, 2002 – Hovensa resumed the hiring of non-union employees on Monday, requiring all those offered jobs to agree in writing to have labor disputes resolved by binding arbitration despite a new V.I. law making such a requirement as a condition of employment illegal.
However, the refinery's spokesman, Alex Moorhead, said in a release that all such persons also will be advised that "Hovensa has filed suit challenging the legality of the new law" and that if the law is upheld, the arbitration agreement "will be ineffective," and the company will not seek to enforce it.
Attorney General Iver Stridiron said on Monday that Hovensa's proceeding to hire employees on that basis "is appropriate." He said that "it would have been better from our standpoint if they did not require the pre-arbitration," but given that the company chose to do so, including the proviso concerning the law is "the responsible thing to do."
Moorhead, Hovensa's vice president for government affairs and community relations, said the refinery decided to proceed with hiring because court action on its challenge of the new law is being delayed as a result of delays in the V.I. government's appeal of another, related case.
Hovensa and one of its major contractors, Wyatt V.I., filed suit in District Court in September challenging the new law, which was part of the 2003 Omnibus Appropriations Bill. (See "Arbitration agreement issue in court again".)
Last year, Wyatt began requiring its job applicants to sign such a "pre-dispute arbitration agreement." Labor Commissioner Cecil Benjamin ordered the company to stop making the agreement a condition for employment, and Stridiron issued an opinion calling the agreement "unconscionable," "coercive," "contrary to public policy" and "ripe for injunctive relief."
Wyatt then took the matter to District Court on St. Croix, and in June, District Judge Raymond L. Finch found the agreement neither "unconscionable" nor "unenforceable." In fact, he said, federal law is clear that such agreements are valid.
The V.I. government has appealed that ruling to the 3rd Circuit Court of Appeals. Meanwhile, as Moorhead noted in Monday's Hovensa release, Finch on Oct. 18 issued an order staying all proceedings in the Hovensa case pending a decision by the 3rd Circuit on the appeal of his earlier ruling in the Wyatt case.
In the new suit, Hovensa and Wyatt are asking the District Court to rule that the new law violates the Federal Arbitration Act and thus the supremacy clause of the U.S. Constitution which states that lower jurisdictions shall be bound by federal laws.
"As the result of two developments, it may be many more months before the District Court of the Virgin Islands issues a decision" on the lawsuit challenging the new law, Moorhead said, and for that reason, the company decided to resume hiring workers without waiting for the ruling.
The first development was Finch's stay order. The second was a motion filed in September with the appellate court by the Attorney General's Office requesting a seven-week extension, from Oct. 22 to Dec. 9, for the government to file its opening brief. That motion was granted.
Stridiron said on Monday that his office requested the extension because seven District Court trials within the Civil Division are scheduled for October, "and we have four lawyers in the Civil Division on St. Thomas and four on St. Croix. Just to be able to handle seven trials, we did have to ask for this continuance" in the Circuit Court appeal case.
Moorhead said the Attorney General's Office also has filed motions with the 3rd Circuit Court asking it to send the Wyatt case back to District Court, arguing that it lacks federal jurisdiction, and to stay the briefing schedule for the appeal. Hovensa and Wyatt have filed separate responses opposing both motions, he said.
According to Moorhead, "it is possible that the 3rd Circuit will not issue a decision on the earlier case until after holding a hearing in the spring of next year at the earliest." And thus, he said, "it may be six months or longer before the District Court takes action on Hovensa and Wyatt's suit." Stridiron didn't disagree, saying that with regard to the territory's appeal of the earlier case, "probably the court won't decide until into next year."
The attorney general said when an appeal is considered to be of pressing importance, it is heard in Philadelphia, where the 3rd Circuit Court is based, if the court is not scheduled to travel to the Virgin Islands for some time. Asked if he thought the Wyatt appeal would fall in that category, Stridiron said "probably so."

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REEF MONUMENTS DECLARED FEDERALLY OWNED

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Nov. 18, 2002 — The General Accounting Office has concluded that the Buck Island Reef National Monument north of St. Croix, and the V.I. Coral Reef National Monument north and south of St. John, are federally owned lands.
Delegate to Congress Donna M. Christensen released Monday the long-awaited opinion from the GAO concerning the ownership of the territory's land monuments.
During his last days of office in January of 2001, President Bill Clinton made two proclamations under the Antiquities Act, one enlarging the existing Buck Island Monument, the other creating the V.I. Coral Reef Monument off St. John. President John F. Kennedy originally created the Buck Island Monument in 1961.
The Antiquities Act gives the president authority to declare lands owned by the U.S. government as national monuments.
The federal government will manage the monuments, which consist of 30,000 acres of submerged land.
At the center of the debate, however, is the Territorial Submerged Lands Act (TSLA), passed by Congress in 1974. The act transferred to the V.I. government "all right, title and interest of the United States" in submerged lands within the territories 3-mile coastal "belts," according to the opinion.
Christensen sent a letter to the GAO on March 14, 2001, inquiring whether the ownership of the monuments was federal or local. The GAO's opinion was held up because of a delay in acquiring information from the U.S. Department of Interior. She received the response, which stated the submerged lands were federally owned, on Friday.
Christensen said the GAO's opinion does not represent a final authority on the issue. "That can only be done by a court of law," she said.
Christensen said she will meet with Gov. Charles W. Turnbull and the Planning and Natural Resources commissioner to discuss the opinion. This may result in different responses.
The V.I. government has several options in regards to the opinion, Christensen said. "They can challenge it in a court of law, let it stand and allow the process of the development of an interim management plan to continue, or they can request a revision of boundaries," she said. "Whatever happens, there needs to be a coordination of both local and federal officials on the promulgation of rules and regulations on the management and use of the monument areas."
Christensen warned that if the local government tried to fight the GAO's opinion, "it definitely would be an uphill battle." She said that based on her knowledge, monument designations have never been overturned.
Christensen said the monuments "should benefit the people of the Virgin Islands because we will be maintaining our reefs, which will provide healthy fish stocks for future generations."
"We're going to make sure that those who rely on the waters to make a living have some protection in place," she said.

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REEF MONUMENTS DECLARED FEDERALLY OWNED

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Nov. 18, 2002 — The General Accounting Office has concluded that the Buck Island Reef National Monument north of St. Croix, and the V.I. Coral Reef National Monument north and south of St. John, are federally owned lands.
Delegate to Congress Donna M. Christensen released Monday the long-awaited opinion from the GAO concerning the ownership of the territory's land monuments.
During his last days of office in January of 2001, President Bill Clinton made two proclamations under the Antiquities Act, one enlarging the existing Buck Island Monument, the other creating the V.I. Coral Reef Monument off St. John. President John F. Kennedy originally created the Buck Island Monument in 1961.
The Antiquities Act gives the president authority to declare lands owned by the U.S. government as national monuments.
The federal government will manage the monuments, which consist of 30,000 acres of submerged land.
At the center of the debate, however, is the Territorial Submerged Lands Act (TSLA), passed by Congress in 1974. The act transferred to the V.I. government "all right, title and interest of the United States" in submerged lands within the territories 3-mile coastal "belts," according to the opinion.
Christensen sent a letter to the GAO on March 14, 2001, inquiring whether the ownership of the monuments was federal or local. The GAO's opinion was held up because of a delay in acquiring information from the U.S. Department of Interior. She received the response, which stated the submerged lands were federally owned, on Friday.
Christensen said the GAO's opinion does not represent a final authority on the issue. "That can only be done by a court of law," she said.
Christensen said she will meet with Gov. Charles W. Turnbull and the Planning and Natural Resources commissioner to discuss the opinion. This may result in different responses.
The V.I. government has several options in regards to the opinion, Christensen said. "They can challenge it in a court of law, let it stand and allow the process of the development of an interim management plan to continue, or they can request a revision of boundaries," she said. "Whatever happens, there needs to be a coordination of both local and federal officials on the promulgation of rules and regulations on the management and use of the monument areas."
Christensen warned that if the local government tried to fight the GAO's opinion, "it definitely would be an uphill battle." She said that based on her knowledge, monument designations have never been overturned.
Christensen said the monuments "should benefit the people of the Virgin Islands because we will be maintaining our reefs, which will provide healthy fish stocks for future generations."
"We're going to make sure that those who rely on the waters to make a living have some protection in place," she said.

Publisher's note : Like the St. John Source now? Find out how you can love us twice as much — and show your support for the islands' free and independent news voice … click here.

REEF MONUMENTS DECLARED FEDERALLY OWNED

0
Nov. 18, 2002 — The General Accounting Office has concluded that the Buck Island Reef National Monument north of St. Croix, and the V.I. Coral Reef National Monument north and south of St. John, are federally owned lands.
Delegate to Congress Donna M. Christensen released Monday the long-awaited opinion from the GAO concerning the ownership of the territory's land monuments.
During his last days of office in January of 2001, President Bill Clinton made two proclamations under the Antiquities Act, one enlarging the existing Buck Island Monument, the other creating the V.I. Coral Reef Monument off St. John. President John F. Kennedy originally created the Buck Island Monument in 1961.
The Antiquities Act gives the president authority to declare lands owned by the U.S. government as national monuments.
The federal government will manage the monuments, which consist of 30,000 acres of submerged land.
At the center of the debate, however, is the Territorial Submerged Lands Act (TSLA), passed by Congress in 1974. The act transferred to the V.I. government "all right, title and interest of the United States" in submerged lands within the territories 3-mile coastal "belts," according to the opinion.
Christensen sent a letter to the GAO on March 14, 2001, inquiring whether the ownership of the monuments was federal or local. The GAO's opinion was held up because of a delay in acquiring information from the U.S. Department of Interior. She received the response, which stated the submerged lands were federally owned, on Friday.
Christensen said the GAO's opinion does not represent a final authority on the issue. "That can only be done by a court of law," she said.
Christensen said she will meet with Gov. Charles W. Turnbull and the Planning and Natural Resources commissioner to discuss the opinion. This may result in different responses.
The V.I. government has several options in regards to the opinion, Christensen said. "They can challenge it in a court of law, let it stand and allow the process of the development of an interim management plan to continue, or they can request a revision of boundaries," she said. "Whatever happens, there needs to be a coordination of both local and federal officials on the promulgation of rules and regulations on the management and use of the monument areas."
Christensen warned that if the local government tried to fight the GAO's opinion, "it definitely would be an uphill battle." She said that based on her knowledge, monument designations have never been overturned.
Christensen said the monuments "should benefit the people of the Virgin Islands because we will be maintaining our reefs, which will provide healthy fish stocks for future generations."
"We're going to make sure that those who rely on the waters to make a living have some protection in place," she said.

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12TH GRADE KEAN PTSA MEETING

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The 12th grade Parent Teachers Student Association of Ivanna Eudora Kean High School is holding an important meeting at 6 p.m. Wednesday at the school library to discuss options regarding the additional three courses required for graduation. All parents of 12th-graders are encouraged to attend.
At the PTSA meeting, another item for discussion is the Introductory Night fundraiser, scheduled for Nov. 23 at 7 p.m. Parents are requested to bring a small cash donation to assist with the fundraiser.

12TH GRADE KEAN PTSA MEETING ON WEDNESDAY

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Nov. 18, 2002 – The 12th grade Parent Teachers Student Association of Ivanna Eudora Kean High School is holding an important meeting at 6 p.m. Wednesday at the school library to discuss options regarding the additional three courses required for graduation. All parents of 12th-graders are encouraged to attend.
At the PTSA meeting, another item for discussion is the Introductory Night fundraiser, scheduled for Nov. 23 at 7 p.m. Parents are requested to bring a small cash donation to assist with the fundraiser.

Publisher's note : Like the St. John Source now? Find out how you can love us twice as much — and show your support for the islands' free and independent news voice … click here.

12TH GRADE KEAN PTSA MEETING

0
The 12th-grade Parent Teachers Student Association of Ivanna Eudora Kean High School is holding an important meeting at the school library to discuss options regarding the additional three courses required for graduation. All parents of 12th-graders are encouraged to attend.

12TH GRADE KEAN PTSA MEETING ON WEDNESDAY

0
Nov. 18, 2002 – The 12th grade Parent Teachers Student Association of Ivanna Eudora Kean High School is holding an important meeting at 6 p.m. Wednesday at the school library to discuss options regarding the additional three courses required for graduation. All parents of 12th-graders are encouraged to attend.
At the PTSA meeting, another item for discussion is the Introductory Night fundraiser, scheduled for Nov. 23 at 7 p.m. Parents are requested to bring a small cash donation to assist with the fundraiser.

Publisher's note : Like the St. Thomas Source now? Find out how you can love us twice as much — and show your support for the islands' free and independent news voice … click here.

APPLE OFFERS TEACHERS FREE 'JAGUAR' SOFTWARE

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Nov. 18, 2002 – While there may be no such thing as a free lunch, kindergarten through 12th grade teachers in the Virgin Islands as well as elsewhere can get a free copy of Apple's Mac OS X software Version 10.2. It is called "Jaguar."
Of course, you need an Apple computer — a Power Mac G3 or G4, iMac, eMac, iBook, or PowerBook G3 or G4 — to run the software.
To request the software, simply go to the Mac OS X for Teachers Web site. When the prompt asks for your zip code, put in 00802 if you're on St. Thomas or St. John and 00820 if you're on St. Croix, and a list of public and private schools in those islands will appear.
Note: If your school's zip code is different and that's what you enter, the number won't work. For example, the zip code for Julius E. Sprauve School on St. John is 00830, but the school appears under the 00802 zip code.
If your school isn't listed, click on the link that says "My school isn't listed here," and a screen will appear that enables you to add your school.
After you click on your school, a screen will appear asking for your name, e-mail address and some technical information. The software will be delivered to your school.
Although the second page of the Web site indicates that the software offer is good only in the 50 states and Washington, D.C., that's incorrect information.
According to the Apple Web site, the company wants to give teachers their free copy to demonstrate the stability and manageability of the Mac operating system. The company states that the system has more than 150 improvements and new features and that many were developed in response to education needs.
No one from Apple returned a telephone call requesting more information.

Publisher's note : Like the St. Thomas Source now? Find out how you can love us twice as much — and show your support for the islands' free and independent news voice … click here.

APPLE OFFERS TEACHERS FREE 'JAGUAR' SOFTWARE

0
Nov. 18, 2002 – While there may be no such thing as a free lunch, kindergarten through 12th grade teachers in the Virgin Islands as well as elsewhere can get a free copy of Apple's Mac OS X software Version 10.2. It is called "Jaguar."
Of course, you need an Apple computer — a Power Mac G3 or G4, iMac, eMac, iBook, or PowerBook G3 or G4 — to run the software.
To request the software, simply go to the Mac OS X for Teachers Web site. When the prompt asks for your zip code, put in 00802 if you're on St. Thomas or St. John and 00820 if you're on St. Croix, and a list of public and private schools in those islands will appear.
Note: If your school's zip code is different and that's what you enter, the number won't work. For example, the zip code for Julius E. Sprauve School on St. John is 00830, but the school appears under the 00802 zip code.
If your school isn't listed, click on the link that says "My school isn't listed here," and a screen will appear that enables you to add your school.
After you click on your school, a screen will appear asking for your name, e-mail address and some technical information. The software will be delivered to your school.
Although the second page of the Web site indicates that the software offer is good only in the 50 states and Washington, D.C., that's incorrect information.
According to the Apple Web site, the company wants to give teachers their free copy to demonstrate the stability and manageability of the Mac operating system. The company states that the system has more than 150 improvements and new features and that many were developed in response to education needs.
No one from Apple returned a telephone call requesting more information.

Publisher's note : Like the St. Croix Source now? Find out how you can love us twice as much — and show your support for the islands' free and independent news voice … click here.