Amends the waterfront commission act, relating to empowering the waterfront commission to accept applications in the longshoremen's register.

---

S4668C-2011 Actions

• Apr 17, 2012: PRINT NUMBER 4668C
• Apr 17, 2012: AMEND AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
• Feb 15, 2012: PRINT NUMBER 4668B
• Feb 15, 2012: AMEND (T) AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
• Jan 4, 2012: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
• May 10, 2011: PRINT NUMBER 4668A
• May 10, 2011: AMEND AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
• Apr 14, 2011: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

S4668C-2011 Memo

BILL NUMBER:S4668C

TITLE OF BILL:
An act
to amend the waterfront
commission act, in relation to empowering the waterfront commission to
accept applications in the longshoremen's register

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to
give employers at the Port of New York and New Jersey (PONYNJ) the
authority to control the size of the longshore workforce.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Section 5-p of chapter 882
of the laws of 1953, as added by chapter 127 of the laws of 1966, the
section heading as added by chapter 654 of the laws of 1982 and
subdivision 4 as amended by chapter 322 of the laws of 1997 and as
further amended by chapter 431 of the laws of 1999, constituting the
waterfront commission act, is REPEALED and a new section 5-p is added
constituting the waterfront commission act, is REPEALED and a new
section is added which directs the Waterfront Commission of New York
Harbor to accept applications upon the joint recommendation of
Stevedores and other employers of longshoremen in the port of New
York district.

Section 2. If any part or provision of this act is deemed invalid by
any court of competent jurisdiction, that judgment shall only be
applied to the specific provision found invalid and it shall not
affect or impair the remainder of this act.

Section 3. This act constitutes an agreement between the states of New
York and New Jersey, and shall be viewed as supplementary to the
Water Commission Compact and adopted to accomplish the purposes of
this compact.

Section 4. Effective Date.

JUSTIFICATION:
Forty-three years ago New York and New Jersey
supplemented their bistate Waterfront Commission Compact by enacting
Section 5-p, the "controlled register statute." The statute empowers
the Waterfront Commission of New York Harbor to control the size of
the longshore workforce in the PONYNJ by periodically opening and
closing the register of persons licensed to work on the docks.
Employers in the PONYNJ are the only employers in the nation denied
the ability to perform the basic management function of hiring new
workers or replacing those lost through attrition and retirement.

Since the conditions that prompted this legislation no longer exist,
Section 5-p as presently written has become an anachronism that

impedes the expeditious hiring and training of additional dock
workers needed to handle increases in cargo volume. Failure to have
an adequate workforce skilled in the operation of modern
cargo-handling equipment has hindered and will continue to hinder
efficient Port operations and threatens the economic engine propelled
by the Port. At risk is the Port's hard-won share of the increasing
amount of international trade that can easily be diverted to other
ports. It is expected that a major channel deepening and expansion
project underway in the Panama Canal by 2014 will cause a major spike
in the growth of the industry. This will present an opportunity and
challenge to provide adequate manpower available to handle the
anticipated increases in cargo volumes directed toward the PONYNJ.
The reform of the current Waterfront Commission process resulting in
prompt responsive action to critical labor demands will be a major
consideration in the decision to use PONYNJ as a port of calf. The
effect of this loss on the economy of New York would be staggering.

This legislation gives employers at the PONYNJ the authority to
control the size of the longshore workforce without the artificial
constraints of an administrative agency ill-suited for making market-
driven commercial decisions. However, it retains the Commission's
traditional role in the longshore licensing process. Under this
legislation, hiring in the longshore industry would conform to hiring
practices in other industries employing licensed personnel where
private industry determines the number of new employees needed and
selects the individuals to fill these positions. These individuals
would still be subject to review by the Commission to insure the good
character and integrity of the workers selected. This change does not
interfere with the Waterfront Commission's police powers or ability
to conduct state and federal criminal history background checks.

PRIOR LEGISLATIVE HISTORY:
2010: A.5274 Farrell
2010: S.5039 Hassell-Thompson

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect upon the enactment into law
by the state of New Jersey of legislation having an identical effect
with this act, but if the state of New Jersey shall have already
enacted such legislation, then it shall take effect immediately; and
provided that the waterfront commission shall notify the legislative
bill drafting commission upon the occurrence of the enactment of the
legislation provided for in section one of this act in order that the
commission may maintain an accurate and timely effective data base of
the official text of the laws of the state of New York in furtherance
of effecting the provisions of section 44 of the legislative law and
section 70-b of the public officers law.

S4668C-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   4668--C

                         2011-2012 Regular Sessions

                              I N  SENATE

                               April 14, 2011
                                 ___________

  Introduced  by Sens. LANZA, HASSELL-THOMPSON, ADAMS, ALESI, DILAN, GOLD-
    EN, LARKIN, MARTINS, SAVINO -- read twice  and  ordered  printed,  and
    when printed to be committed to the Committee on Corporations, Author-
    ities  and  Commissions -- committee discharged, bill amended, ordered
    reprinted as amended and recommitted to said committee --  recommitted
    to  the  Committee  on  Corporations,  Authorities  and Commissions in
    accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
    amended,  ordered reprinted as amended and recommitted to said commit-
    tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
    amended and recommitted to said committee

  AN ACT to amend the waterfront commission act, in relation to empowering
    the waterfront commission to accept applications in the longshoremen's
    register

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Section 5-p of chapter 882 of the laws of 1953,  constitut-
  ing the waterfront commission act, as amended by chapter 431 of the laws
  of 1999, is amended to read as follows:

    S  5-p.  [Suspension  or  acceptance  of applications for inclusion in
  longshoremen's] LONGSHOREMEN'S register[; exceptions].  [1.] The commis-
  sion shall [suspend the acceptance of] ACCEPT applications for inclusion
  in the longshoremen's register [for a period of  sixty  days  after  the
  effective date of this act. Upon the termination of such sixty day peri-
  od the commission shall thereafter have the power to make determinations
  to   suspend   the  acceptance  of  application  for  inclusion  in  the
  longshoremen's register for such periods of time as the  commission  may
  from  time  to  time establish and, after any such period of suspension,
  the commission shall have the power to  make  determinations  to  accept
  applications  for such period of time as the commission may establish or
  in such number as the commission may determine, or both.  Such  determi-
  nations  to  suspend or accept applications shall be made by the commis-

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD10519-13-2

 S. 4668--C                          2

  sion]: (a) [on its own initiative or (b)] upon the joint  recommendation
  in writing of stevedores and other employers of longshoremen in the port
  of  New  York  district,  acting  through  their  representative for the
  [purpose]  PURPOSES  of  collective bargaining with a labor organization
  representing such longshoremen in such district, and such  labor  organ-
  ization;  or  [(c)]  (B)  upon the petition in writing of a stevedore or
  [another] OTHER employer  of  longshoremen  in  the  port  of  New  York
  district which does not have a representative for the [purpose] PURPOSES
  of  collective  bargaining  with  a labor organization representing such
  longshoremen. [The commission shall have the power to accept  or  reject
  such joint recommendation or petition.
    All  joint  recommendations  or  petitions filed for the acceptance of
  applications with the commission for  inclusion  in  the  longshoremen's
  register shall include:
    (a) the number of employees requested;
    (b) the category or categories of employees requested;
    (c)  a  detailed  statement  setting  forth the reasons for said joint
  recommendation or petition;
    (d) in cases where a joint recommendation is made under this  section,
  the collective bargaining representative of stevedores and other employ-
  ers  of  longshoremen  in  the  port  of New York district and the labor
  organization representing such longshoremen shall provide the allocation
  of the number of persons to be sponsored by each employer of  longshore-
  men in the port of New York district; and
    (e) any other information requested by the commission.
    2.  In  administering  the  provisions of this section, the commission
  shall observe the following standards:
    (a) To encourage as far  as  practicable  the  regularization  of  the
  employment of longshoremen;
    (b) To bring the number of eligible longshoremen into balance with the
  demand  for longshoremen's services within the port of New York district
  without reducing the number of eligible longshoremen below  that  neces-
  sary  to  meet  the requirements of longshoremen in the port of New York
  district;
    (c) To encourage the mobility and full  utilization  of  the  existing
  work force  of longshoremen;
    (d)  To  protect  the job security of the existing work force of long-
  shoremen by considering the wages and employment benefits of prospective
  registrants;
    (e) To eliminate oppressive and evil  hiring  practices  injurious  to
  waterfront  labor  and  waterborne  commerce  in  the  port  of New York
  district, including, but not  limited  to,  those  oppressive  and  evil
  hiring  practices  that  may result from either a surplus or shortage of
  waterfront labor;
    (f) To consider the effect of technological change and automation  and
  such  other economic data and facts as are relevant to a proper determi-
  nation;
    (g) To protect the public interest of the port of New York district.
    In observing the foregoing standards and before determining to suspend
  or accept applications  for inclusion in  the  longshoremen's  register,
  the  commission  shall consult with and consider the views of, including
  any statistical data or other factual information concerning the size of
  the longshoremen's  register submitted by, carriers of freight by water,
  stevedores, waterfront terminal owners and operators, any  labor  organ-
  ization  representing  employees  registered  by the commission, and any

 S. 4668--C                          3

  other person whose  interests  may  be  affected  by  the  size  of  the
  longshoremen's register.
    Any  joint  recommendation  or  petition  granted  hereunder  shall be
  subject to such terms and conditions as the commission may prescribe.
    3. Any determination by the commission pursuant  to  this  section  to
  suspend  or  accept  applications  for  inclusion  in the longshoremen's
  register shall be made upon a record, shall not become  effective  until
  five  days  after  notice thereof to the collective bargaining represen-
  tative of stevedores and other employers of longshoremen in the port  of
  New  York district and to the labor organization representing such long-
  shoremen and/or the petitioning stevedore or  other  employer  of  long-
  shoremen  in the port of New York district and shall be subject to judi-
  cial review for being arbitrary, capricious, and an abuse of  discretion
  in a proceeding jointly instituted by such representative and such labor
  organization  and/or  by  the petitioning stevedore or other employer of
  longshoremen in the port of New  York  district.  Such  judicial  review
  proceeding  may  be instituted in either state in the manner provided by
  the law of such state for review of the  final  decision  or  action  of
  administrative  agencies  of  such  state,  provided, however, that such
  proceeding shall be decided directly by the appellate  division  as  the
  court of first instance (to which the proceeding shall be transferred by
  order  of  transfer  by the supreme court in the state of New York or in
  the state of New Jersey by notice  of  appeal  from    the  commission's
  determination)  and  provided  further  that  notwithstanding  any other
  provision of law in either state no court shall have power to  stay  the
  commission's  determination  prior  to  final judicial decision for more
  than fifteen days. In the event that the  court  enters  a  final  order
  setting aside the determination by the commission to accept applications
  for  inclusion  in  the longshoremen's register, the registration of any
  longshoremen included in the longshoremen's register as a result of such
  determination by the commission shall be cancelled.
    This section shall apply, notwithstanding any other provision of  this
  act,  provided  however,  such  section  shall  not  in any way limit or
  restrict the provisions of section five of  article  nine  of  this  act
  empowering  the commission to register longshoremen on a temporary basis
  to meet special or emergency needs or the provisions of section four  of
  article  nine  of  this  act  relating to the immediate reinstatement of
  persons removed from the longshoremen's  register  pursuant  to  article
  nine  of this act. Nothing in this section shall be construed to modify,
  limit or restrict in any way any of  the  rights  protected  by  article
  fifteen of this act.
    4.  Upon  the  granting  of any joint recommendation or petition under
  this section for the acceptance of applications  for  inclusion  in  the
  longshoremen's  register,  the commission shall accept applications upon
  written sponsorship from the prospective employer of longshoremen.   The
  sponsoring  employer]  STEVEDORES AND OTHER EMPLOYERS OF LONGSHOREMEN IN
  THE PORT OF NEW YORK DISTRICT shall  furnish  the  commission  with  the
  [name, address and such other identifying or category information as the
  commission  may  prescribe  for  any person so sponsored. The sponsoring
  employer] NAMES AND ADDRESSES OF THE PERSONS SELECTED FOR  INCLUSION  IN
  THE  LONGSHOREMEN'S  REGISTER  AND  shall  certify that the selection of
  [the] THESE persons [so sponsored] was made in a fair and  non-discrimi-
  natory  basis  in  accordance  with  the requirements of the laws of the
  United States and the states of New York and  New  Jersey  dealing  with
  equal employment opportunities.

 S. 4668--C                          4

    [Notwithstanding any of the foregoing, where the commission determines
  to  accept  applications for inclusion in the longshoremen's register on
  its own initiative, such acceptance shall be accomplished in such manner
  deemed appropriate by the commission.
    5. Notwithstanding any other provision of this act, the commission may
  include  in  the longshoremen's register under such terms and conditions
  as the commission may prescribe:
    (a) a person issued registration on a temporary basis to meet  special
  or emergency needs who is still so registered by the commission;
    (b)  a  person defined as a longshoreman in subdivision six of section
  five-a of this act who is employed by a stevedore defined  in  paragraph
  (b)  or  (c) of subdivision one of said section five-a and whose employ-
  ment is not subject to the guaranteed annual income  provisions  of  any
  collective bargaining agreement relating to longshoremen;
    (c)  no more than twenty persons issued registration limited to acting
  as scalemen pursuant to the provisions of chapter 953  of  the  laws  of
  1969  and  chapter 64 of the laws of 1982 who are still so registered by
  the commission and who are no longer employed as scalemen on the  effec-
  tive date of this subdivision;
    (d)  a person issued registration on a temporary basis as a checker to
  meet special or emergency needs who applied for such registration  prior
  to January 15, 1986 and who is still so registered by the commission;
    (e)  a person issued registration on a temporary basis as a checker to
  meet special or emergency needs in accordance with a waterfront  commis-
  sion  resolution  of September 4, 1996 and who is still so registered by
  the commission;
    (f) a person issued registration on a temporary basis as  a  container
  equipment operator to meet special or emergency needs in accordance with
  a waterfront commission resolution of September 4, 1996 and who is still
  so registered by the commission; and
    (g)  a person issued registration on a temporary basis as a longshore-
  man to meet special or emergency needs in accordance with  a  waterfront
  commission  resolution  of  September 4, 1996 and who is still so regis-
  tered by the commission.
    6. The commission may include in the  longshoremen's  register,  under
  such  terms  and  conditions  as  the  commission may prescribe, persons
  issued registration on a temporary basis as a longshoreman or a  checker
  to  meet  special  or emergency needs and who are still so registered by
  the commission upon the enactment of this amendment.]
    S 2. If any part or provision of this act or the  application  thereof
  to  any  person  or  circumstances  be  adjudged invalid by any court of
  competent jurisdiction, such judgment shall be confined in its operation
  to the part, provision or application directly involved in  the  contro-
  versy  in  which  such  judgment  shall have been rendered and shall not
  affect or impair the validity of the remainder of this act or the appli-
  cation thereof to other persons or  circumstances  and  the  two  states
  hereby declare that they would have entered into this act or the remain-
  der thereof had the invalidity of such provisions or application thereof
  been apparent.
    S  3. This act constitutes an agreement between the states of New York
  and New Jersey, supplementary to the waterfront commission  compact  and
  amendatory  thereof,  and shall be liberally construed to effectuate the
  purposes of that compact and the powers vested in the waterfront commis-
  sion hereby shall be construed to be in aid of and supplemental  to  and
  not  in  limitation  of or in derogation of any of the powers heretofore
  conferred upon or delegated to the waterfront commission.

 S. 4668--C                          5

    S 4. This act shall take effect upon the enactment  into  law  by  the
  state  of New Jersey of legislation having an identical effect with this
  act, but if the state of New Jersey  shall  have  already  enacted  such
  legislation,  then  it  shall take effect immediately; and provided that
  the  waterfront  commission  shall  notify the legislative bill drafting
  commission upon the occurrence  of  the  enactment  of  the  legislation
  provided for in section one of this act in order that the commission may
  maintain an accurate and timely effective data base of the official text
  of  laws  of  the  state  of  New  York  in furtherance of effecting the
  provisions of section 44 of the legislative law and section 70-b of  the
  public officers law.