Mutiny at Dawn - Transpac Race 2013 - Page 33 - SailNet Community
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post #321 of 1053 Old 08-05-2013
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Re: Mutiny at Dawn - Transpac Race 2013

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Originally Posted by blowinstink View Post
you inaccurately accuse him of raising the prospect of legal action -- someone else brought that up RD responded.
Agreed. However:

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Originally Posted by chucklesR View Post
Should stop at a lawyers office and start a suit for reckless endangerment, both on Harry and on the Transpac race organization.
is a far cry from:

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Originally Posted by rockDAWG View Post
My secretary did some work for me regarding the Labor Law in CA. I can file three complaints against the company

•Violation (for not providing sufficient safety and welfare of the employee, water, etc.)

•Retaliation (for threatening after you called CG)

•Wage (for not reimbursing the expenses to go home)



The boat is in the name of the corporation, was used as a tax write off, we were the employee of the company and were protected by the labor law of California. All three complaints are well documented in our correspondings (emails), video, pictures, and voice recordings. If DOL is sided on our case, the legal action will follow.
and:

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Originally Posted by rockDAWG View Post
Not yet, one step at a time.

1. Filing the compliants
2. DOL reviews the case and evidences
3. DOL takes action if any
4. DOL open mediation and compensation
4. DOL grants the right to sue
5. Looking for a lawyer

This will take months and years perhaps, Patience is a virtue. Even they win, they will lose big time.
and the smug tone contained therein.

While there will always be monday morning quarterbacking (and I've certainly done my share in that aspect), and in fact, suggestions to bring legal action, in any thread involving retellings of this or that "misadventure," I proffer that the more negative comments in this thread are in response to the "victim-hero" tone that rock set in his posts.

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Post Note:
Shortly I got home. I heard from the news that tropical storm Floosie is on its way to Hilo. I guess Jake and I save the boat and her owners. [/url]
People tend to be quite forgiving of mistakes made and admitted. It is when a person blames everyone and everything else while painting themselves as a faultless victim, or in this case a faultless victim/fearless hero, where charity tends to fall by the wayside.

Anyway, jmo. As always, TWYWAHTR.
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post #322 of 1053 Old 08-05-2013
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Re: Mutiny at Dawn - Transpac Race 2013

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Originally Posted by Classic30 View Post
So.. someone who owns "the best cruising boat ever built" (and that's totally debateable, btw) is automatically also the Best Skipper ever??

Whatever floats your boat..
You racers are sooo competitive! I bet you cut your toothbrush in half to save weight.
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post #323 of 1053 Old 08-05-2013
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Re: Mutiny at Dawn - Transpac Race 2013

Employees of the corporation now?? Gee, even in Cali with nutso labor laws, I can't see that being likely unless you got hired and paid. And then if you were paid and that made oyu into paid CREW on a documented vessel, that would trigger a whole set of admiralty laws about seamen under the Jones Act(s), something way more complex than a Cali labor department matter.

Not to mention, whether this was or wasn't corporate use of what was or wasn't a corporate asset, which might lead to a whole tax audit and other consequences.

Rockdawg, if you want to pursue those options you might wind up owning a sushi house and a boat. But it ain't gonna be pretty following that road. If the guy is nutso and dangerously so, Cali must have a way to order a 48-hour lockup psych evaluation for him as well.
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post #324 of 1053 Old 08-05-2013
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Re: Mutiny at Dawn - Transpac Race 2013

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Was this at the part where the o/c is swinging a winch handle at the other crew's head? So your cool with that?
Day 7 ..."warned him that I made no apology of my behavior of rising hell if he ever endangers my life again".

"Endangering his life" consisted of multiple trips up the rig to effect a repair.

Days 8-12 consist of sailing and a nightly spinnaker wrap. RD makes a point of having to douse the kite in 17 kts. Well princess, you're going downwind at 7.5, meaning you have 9.5 apparent. BFD. If you knew anything about dousing a kite, you could have letterboxed it if the breeze was too much for you. There is just so much bloody whynging from this guy.

Day 12..."Mutiny is the only way to survive. I begged Harry to use the autohelm to control the spinnaker or we quit. We gladly put our lives on the line so many times (6) and we were only half way to Hawaii. We could not do this anymore. Like all the other times, they refused to use autohelm. I instructed Jake to use my satphone to call Dave Cort (Race Committee) The boat's satphone was no Longer accessible to us. I spoke to Dave begging him to help us to resolve the problem. He refused and claimed that is not their problem and we must resolve ourselves. I told him that this had become a safety issue for the crew members. I asked him to contact the CG for us and have the CG to call the owner. He hung up on me.

Because of poor reception, we moved up to cockpit to call the CG. Harry came behind and attacked Jake and use his arm around his neck and tried to get our sat phone and throw it over board. I struggled with him and he turned around and picked up the winch handle trying to strike Jake's head. I blocked his arm from hitting Jake. I dared him to strike me. But I was in a combat mode to block and struck his nose. He hesitated for a second and I grabbed and threw the handle away. Jane jumped in the midst of this for our phone, I grabbed her hands and pushed her to the starboard side of the cockpit and sat still. I told Jake to escape into the v-berth with the phone.
I shouted both of them with fouled language that they were no match with my strength and speed. 'Don't be stupid'!!!"

Now keep in mind that ALL of this drama is happening because of a few midnight spinnaker wraps, and our Mr. RD feels that it's dangerous to work on deck at night in 17 kts of true wind. Guess what? The same **** is happening on half the boats in the fleet, and all hands toss on their foulie bottoms harness and boots and fix the problem. Is it dangerous? Hell yes, but you do it. IMHO, RD was completely over his head with regards to the 24/7 nature of a major ocean race. I'm not saying that Harry was competent, he clearly couldn't drive at night. That isn't uncommon btw.

You asked me if I was "ok with that". Personally sir, if my crew tried to commandeer my boat, I'd be fine with shooting them.
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post #325 of 1053 Old 08-05-2013
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Re: Mutiny at Dawn - Transpac Race 2013

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Originally Posted by oceangirl View Post
You racers are sooo competitive! I bet you cut your toothbrush in half to save weight.
Winning is kind of the point now, isn't it.
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post #326 of 1053 Old 08-05-2013
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Re: Mutiny at Dawn - Transpac Race 2013

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You racers are sooo competitive! I bet you cut your toothbrush in half to save weight.
That would be silly. FYI--Each watch has their own toothbrush that is just shared. With two 3-crew watches, that eliminates 4 unnecessary toothbrushes.
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post #327 of 1053 Old 08-05-2013
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Re: Mutiny at Dawn - Transpac Race 2013

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That would be silly. FYI--Each watch has their own toothbrush that is just shared. With two 3-crew watches, that eliminates 4 unnecessary toothbrushes.
Yea, but I doubt there's an extra drop of water to brush, so what's the point.
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post #328 of 1053 Old 08-05-2013
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Re: Mutiny at Dawn - Transpac Race 2013

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Originally Posted by hellosailor View Post
If the guy is nutso and dangerously so, Cali must have a way to order a 48-hour lockup psych evaluation for him as well.
Fwiw, and fyi, the 5150 psych hold is for a max of 72-hours and must be initiated by a peace officer. This guy's behavior, even if accurately described by rock, does not even remotely meet the requirements for initiating such a hold.
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Re: Mutiny at Dawn - Transpac Race 2013

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Yea, but I doubt there's an extra drop of water to brush, so what's the point.
Jeeze--Don't you guys know nut'n about racing? Baking soda and salt water are perfect for brushing ones teeth. Keep's em white. Who'd waste fresh water on teeth brushing?

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post #330 of 1053 Old 08-05-2013
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Re: Mutiny at Dawn - Transpac Race 2013

This thread brings up some interesting points. Maybe I missed the answers, but here are my questions:

Say you are on a race or cruise and either you or one the crew wants to get off the boat and you are 1,000 miles from land. What are the options? What if the reasons to get off the boat are due to violent actions by captain or one of the crew? In cases like this what action should one take?
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