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

                                  3984

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 4, 2013
                               ___________

Introduced by Sens. LANZA, GOLDEN -- read twice and ordered printed, and
  when printed to be committed to the Committee on Corporations, Author-
  ities and Commissions

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-
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD08526-01-3

S. 3984                             2

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
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-

S. 3984                             3

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.
  [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

S. 3984                             4

(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 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.