SOMETHING TO BE THANKFUL FOR: THE RULE OF LAW

0
This past weekend as we celebrated the Thanksgiving holiday, our nation's attention was focused on the momentous events relating to the selection of our next president. With the stakes so high, it is not surprising that rhetoric on all sides has become heated. Some of it, unfortunately, has taken the form of virulent attacks upon lawyers and our justice system, which have been called upon to help resolve these critical issues and disputes.
Rather than attacking the justice system, we should be thankful that we have a system of government in which disputes can be resolved in courthouses, not in the streets. It is our nation's long-standing tradition that when the political branches of government are unable to resolve their differences, these matters are thrust upon our courts.
Interpretation of often-conflicting statutory provisions and regulatory standards is the daily work of courts in the Virgin Islands and throughout our great country. Our legal adversarial system — like our free-enterprise system, our democratic electoral system and our "marketplace of ideas" — provides a cauldron for the resolution of competing and conflicting views which characterize our American democracy.
Rather than resorting to name-calling and slurs against lawyers and our courts, we should remember their role in ensuring that the Rule of Law is honored. Our system of government, founded on the Rule of Law, is the envy of the world. It is often complicated and messy, but it works. Let's allow the system to continue to do its job, and give thanks for the blessings of our democracy.

Editor's note: Tom Bolt is an attorney in private practice on St. Thomas.

SOMETHING TO BE THANKFUL FOR: THE RULE OF LAW

0
As the presidential election process proceeds, instead of attacking the justice system, give thanks that it works, St. Thomas attorney Tom Bolt writes.
This past weekend as we celebrated the Thanksgiving holiday, our nation's attention was focused on the momentous events relating to the selection of our next president. With the stakes so high, it is not surprising that rhetoric on all sides has become heated. Some of it, unfortunately, has taken the form of virulent attacks upon lawyers and our justice system, which have been called upon to help resolve these critical issues and disputes.
Rather than attacking the justice system, we should be thankful that we have a system of government in which disputes can be resolved in courthouses, not in the streets. It is our nation's long-standing tradition that when the political branches of government are unable to resolve their differences, these matters are thrust upon our courts.
Interpretation of often-conflicting statutory provisions and regulatory standards is the daily work of courts in the Virgin Islands and throughout our great country. Our legal adversarial system — like our free-enterprise system, our democratic electoral system and our "marketplace of ideas" — provides a cauldron for the resolution of competing and conflicting views which characterize our American democracy.
Rather than resorting to name-calling and slurs against lawyers and our courts, we should remember their role in ensuring that the Rule of Law is honored. Our system of government, founded on the Rule of Law, is the envy of the world. It is often complicated and messy, but it works. Let's allow the system to continue to do its job, and give thanks for the blessings of our democracy.

Editor's note: Tom Bolt is an attorney in private practice on St. Thomas.

IDC HOLDS OPEN HOUSES

0
In an effort to employ "openness" in its operation the Industrial Development Commission will hold a series of open houses beginning Wednesday to answer questions and address concerns raised by the public about how the IDC functions and what challenges it faces.
A release from the IDC office said the "intent of the forum is to increase public awareness of the benefit of this program and to receive input on how to improve" it.
Monique Sibilly Hodge, who in her capacity as acting Tourism commissioner serves as the chair of the IDC board, said, "The planned series of open houses have been embraced by the commission as an opportunity and a fulfillment of an obligation to raise public awareness of the IDC program."
The events will kick off promptly at 5:30 p.m. Wednesday, Nov. 29 at Palms Court Harbor View on St. Thomas and will continue at 5:30 p.m. Thursday Nov. 30 at Gertrude's on St. Croix.
For more information call Nadine Marchena at 774-8104.

IDC HOLDS OPEN HOUSES

0
In an effort to employ "openness" in its operation the Industrial Development Commission will hold a series of open houses beginning at 5:30 p.m. Thursday Nov. 30 at Gertrude's on St. Croix to answer questions and address concerns raised by the public about how the IDC functions and what challenges it faces.
For more information call Nadine Marchena at 774-8104.

IDC HOLDS OPEN HOUSES

0
In an effort to employ "openness" in its operation the Industrial Development Commission will hold a series of open houses beginning at 5:30 p.m.Wednesday at Palms Court Harbor View.to answer questions and address concerns raised by the public about how the IDC functions and what challenges it faces.
For more information call Nadine Marchena at 774-8104.

IDC HOLDS OPEN HOUSES

0
In an effort to employ "openness" in its operation the Industrial Development Commission will hold a series of open houses beginning Wednesday to answer questions and address concerns raised by the public about how the IDC functions and what challenges it faces.
A release from the IDC office said the "intent of the forum is to increase public awareness of the benefit of this program and to receive input on how to improve" it.
Monique Sibilly Hodge, who in her capacity as acting Tourism commissioner serves as the chair of the IDC board, said, "The planned series of open houses have been embraced by the commission as an opportunity and a fulfillment of an obligation to raise public awareness of the IDC program."
The events will kick off promptly at 5:30 p.m. Wednesday, Nov. 29 at Palms Court Harbor View on St. Thomas and will continue at 5:30 p.m. Thursday Nov. 30 at Gertrude's on St. Croix.
For more information call Nadine Marchena at 774-8104.

AD CLUB CHRISTMAS PARTY AT CHICKIE'S PLACE

0
The Ad Club of the Virgin Islands will hold its annual Christmas Party starting at 6:30 p.m. Saturday, Dec. 9 at Chickie's Place in Frenchtown.
According to Ad Club President Norita Lee, Santa will be on hand to greet guests and to help welcome in the holiday season.
Guests can even get their pictures taken with the jolly old man, for nominal fee.
Chickie will be offering her ample sample of hors d'oeuvres and a cash bar will be available.
Guests are asked to bring a generic gift wrapped for Christmas ($10 limit) for a lively exchange of gifts.
Tickets are $25 each and reservations can be made with Austin Advertising at 776-7828.

L'HOTEL BOYNES TO JOIN OTHER MUSEUM HOUSES

0
L'Hotel Boynes on Blackbeard's Hill has begun a new life as a permanent part of the history of St. Thomas. In a recent deal struck between Historic Inns & Expeditions and St. Thomas Historical Trust, the vintage early 19th century structure will now be a house museum and will serve as a reminder of life more than a century ago on St. Thomas.
Under provisions of the sale, the hotel now joins the stately Hotel 1829, The Haagensen House, Crown House, Blackbeard's Castle and other buildings on the historic museum walking tour in anticipation of snagging the tourist dollars of the growing interest in the historical segment of the travel market.
L'Hotel Boynes is listed in the National Registry of Homes and was faithfully restored after destruction in Hurricane Marilyn of all but the basic shell of the building.
The building, of yellow ballast brick and blue bit stone, with white cast-iron balcony and marble steps, features tranquil private gardens and is an oasis from the bustling streets of Charlotte Amalie below.
Michael Ball of Hotel 1829 and Historic Inns & Expeditions declined to discuss the sale price and conditions of the property. However, he did say the name L'Hotel Boynes may not be retained and the name of record, still under discussion, could revert to the Scottish engineer who was the builder and original owner of the structure.
Ball did say, however, he will oversee the maintenance and tours of the structure for St. Thomas Historic Trust. He expects the trust to furnish the structure with authentic 19th century West Indies furniture and accent the natural features without diminishing the history or the integrity of the building. A white picket fence, now under construction, will surround the property.
Sam Boynes, proprietor of L'Hotel Boynes since 1995, said he leaves with bittersweet memories. Boynes will stay on island and says he knows the hotel will be preserved and shared with the public. "Now that the structure is in good hands, the time has come for me to pass the baton," he said.

RICHARDS V. RICHARDS IN LIMBO PENDING AG OPINION

0
The retabulation Tuesday of voting machine results from the Nov. 7 general election on St. Croix confirmed the incredible: Cousins Sen. Vargrave Richards and Senate candidate Raymond "Usie" Richards each garnered exactly 3,936 votes.
But even though Vargrave Richards has unofficially slipped past Usie Richards for St. Croix’s last Senate seat by 15 absentee ballots, the outcome is still far from complete. Although Usie Richards accepted the retabulation results Tuesday, he has challenged some 56 absentee ballots from a recount on Monday.
At issue is the intent of the voter. The challenge is based on so-called "spoiled" ballots, where the voter marked the political party symbol on the ballot card but then chose names of candidates not in that party. Since there is nothing in the V.I. Code addressing voter intent, the St. Croix Board of Elections drafted a letter Tuesday to V.I. Attorney General Iver Stridiron asking him for an opinion on the issue.
Until then, the board is in limbo and unable to certify the election, said its chairman, Dodson James.
"We’ll wait until we get an opinion from the attorney general," James said. "Then we will act on his guidance."
James said the letter was to be sent out Tuesday afternoon and that Stridiron had indicated he would reply by Wednesday.
Usie Richards called for the recount of the absentee ballots because of irregularities during the calling and tallying of votes on Nov. 18. As for the retabulation of the electronic voting machine cartridges, at least two couldn’t be read by the computer on election night, so a printout was made of the results. Those were then entered by hand into a computer.
Usie Richards requested a retabulation because of the possibility that errors were introduced when results were manually entered into a computer. He emphasized Tuesday that he didn’t believe that there was any fraud or mismanagement relating to the electronic cartridges.
His biggest concern, he said, was the voter intent issue. He implied he might take the issue to court for a decision if Stridiron’s opinion goes against hm.
Out of the 56 challenged ballots, at least 18 could go to Usie Richards.
"If the guidance isn’t satisfactory . . . somewhere we have to find some findings on the issue of voter intent," he said.
In Monday’s recount, Sen. Richards landed 137 votes; Usie Richards received 122.

MORE LABOR VIOLATION CHARGES LEVELED AT ICC

0
The two dozen St. Croix Cable TV employees locked out of their jobs by Innovative Communication Corp. a week ago took up positions outside ICC’s brand new building Monday to protest the company’s order that they join the United Steelworkers union.
The workers were refused entry to ICC’s building last Tuesday because they are members of the Our Virgin Islands Labor Union and not of the USW, which has a contract with the company as the bargaining unit for employees.
Company and USW officials, who did not return calls Monday, have said the contract calls for a "closed shop," which precludes he existence of another union. They say the smaller Our Virgin Islands union should be absorbed by the larger USW because its members have no separate identity as a bargaining unit.
"That’s nonsense," said Terrence Nelson, OVILU president. "The government deals with 22 unions. Hovensa has more than one. It’s not uncommon."
Last month, Nelson added, a National Labor Relations Board administrative law judge ruled that ICC should bargain with OVILU, as well as transfer workers' benefits to its members, and a District Court judge concurred. The NLRB ruling is pending approval by NLRB directors.
In fact, said attorney Lee Rohn, whose law firm represents OVILU, the NLRB administrative law judge blasted ICC for past "unfair labor practices" practically identical to the current dispute. She asserted that the company was in violation of a District Court restraining order directing it not to interfere with the new union.
Rohn said OVILU has again filed unfair labor practice charges against ICC for the recent lockout.
In a unanimous vote in September 1999, the 24 St. Croix Cable TV employees, who hold installation, technical, maintenance, clerical and customer positions, chose to join OVILU rather than the USW. OVILU was certified as a bargaining unit by the National Labor Relations Board the previous May.
The problem, however, is that ICC, owned by Jeffrey Prosser, also owns the V.I. Telephone Company, St. Croix Cable TV, St. Thomas-St. John Cable TV, Vitelcellular and Vitelcom, and has consolidated operations. According to an ICC statement last week, employees of Vitelco’s sister companies were cross-trained and "are now part of the Vitelco family" that has been represented by the United Steelworkers Union for 27 years.
It is because of the cross-training that the company argues that the 24 St. Croix Cable workers should become part of the USW.
But NLRB Administrative Law Judge C. Richard Miserendino’s ruling is clear: The St. Croix Cable bargaining unit’s employees are not an "accretion" to the Vitelco bargaining unit, particularly since OVILU was created before a new contract was signed between ICC and the USW.
"A finding of accretion would not be appropriate because an accretion assumes that the functions and classifications of the transferred employees will remain essentially unchanged," the judge said in his October ruling. "Here, the evidence shows that the merger/consolidation of job functions will create a new job in order to allow the employees of all the ICC subsidiaries to perform telephone, cable, cellular … functions."
That, he said, would effectively change the functions and duties of the St. Croix Cable workers.
Nelson agreed. He said that with the consolidation new jobs have been created, illustrating the differences between subsidiary employees before the ICC-USW contract was signed.
Miserendino said that a year ago, ICC violated a variety of national labor relations laws by, among other things, failing and refusing to recognize and bargain with OVILU, withholding dues on behalf of the USW from the paychecks of OVILU members without their consent; by telling them that they were required to sign USW dues check-off forms, and by giving the dues to the USW, "thereby unlawfully assisting and supporting the USW."
"Having found that (ICC) has engaged in certain unfair labor practices, I find that it must be ordered to cease and desist" and to take action to comply with the law, Miserendino ruled.
Despite that position, attorney Rohn alleged that ICC is not only breaking the law again, but in violation of both the NLRB and District Court rulings. ICC, she said "continues to do anything they want."
Nelson, meanwhile, said the USW is trying to protect its relationship with ICC and Vitelco. He called the big union a mainland-based organization that reaps the benefits of local dues paid by local members.
"They claim ICC to be their turf," Nelson said. "Vitelco has been their turf, not St. Croix Cable TV. The turf of ICC has yet to be determined through the electoral process."