S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3270
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M.  of A. CUSICK, FARRELL, WEPRIN, TITONE -- Multi-Spon-
   sored by -- M. of A. MALLIOTAKIS -- read  once  and  referred  to  the
   Committee on Corporations, Authorities 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:
   §  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.
                                                            LBD07965-01-7

 A. 3270                             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-

 A. 3270                             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 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  shall
 certify  that  the  selection  of the persons so sponsored was made in a
 fair and non-discriminatory 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
 (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;

 A. 3270                             4

   (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.]
   STEVEDORES AND OTHER EMPLOYERS OF LONGSHOREMEN IN THE PORT OF NEW YORK
 DISTRICT SHALL FURNISH THE COMMISSION WITH THE NAMES  AND  ADDRESSES  OF
 THE PERSONS SELECTED FOR INCLUSION IN THE LONGSHOREMEN REGISTER.
   §  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.
   § 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.
   §  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, this act 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 effectuating the
 provisions of section 44 of the legislative law and section 70-b of  the
 public officers law.