§ 534-l. Suspension or acceptance of applications for inclusion in the
longshore workers' register; exceptions. 1. The commission shall have
the power to make determinations to suspend the acceptance of
applications for inclusion in the longshore workers' 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 determinations to suspend or accept
applications shall be made by the commission: (a) on its own initiative
when it determines that continued acceptance of applications for
inclusion in the longshore workers' register will violate the standards
set forth in subdivision two of this section; or (b) upon the joint
recommendation in writing of stevedores and other employers of longshore
workers in the port of New York district in this state, acting through
their representative for the purpose of collective bargaining with a
labor organization representing such longshore workers in such district
and such labor organization; or (c) upon the petition in writing of a
stevedore or another employer of longshore workers in the port of New
York district in this state which does not have a representative for the
purpose of collective bargaining with a labor organization representing
such longshore workers. 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 longshore workers' register shall
include:

(i) the number of employees requested;

(ii) the category or categories of employees requested;

(iii) a detailed statement setting forth the reasons for such joint
recommendation or petition;

(iv) in cases where a joint recommendation is made under this section,
the collective bargaining representative of stevedores and other
employers of longshore workers in the port of New York district in this
state and the labor organization representing such longshore workers
shall provide the allocation of the number of persons to be sponsored by
each employer of longshore workers in the port of New York district in
this state; and

(v) 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 longshore workers;

(b) To bring the number of eligible longshore workers into balance
with the demand for longshore workers' services within the port of New
York district in this state without reducing the number of eligible
longshore workers below that necessary to meet the requirements of
longshore workers in the port of New York district in this state;

(c) To encourage the mobility and full utilization of the existing
work force of longshore workers;

(d) To protect the job security of the existing work force of
longshore workers by considering the wages and employment benefits of
prospective registrants;

(e) To eliminate oppressive, unlawful, discriminatory, and corrupt
hiring practices injurious to waterfront labor and waterborne commerce
in the port of New York district in this state, including, but not
limited to, those oppressive, unlawful, discriminatory, and corrupt
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
determination; and

(g) To protect the public interest of this state.

3. (a) In observing the foregoing standards and before determining to
suspend or accept applications for inclusion in the longshore workers'
register, the commission shall consult with and consider the views of,
including any statistical data or other factual information concerning
the size of the longshore workers' register submitted by, carriers of
freight by water, stevedores, waterfront terminal owners and operators,
any labor organization representing employees registered by the
commission, and any other person whose interests may be affected by the
size of the longshore workers' register. The commission shall publish on
its website the justification for any determination to suspend
applications for inclusion in the longshore workers' register, and shall
notify the governor and the legislature of such suspension, within ten
days of such action.

(b) Any recommendation or petition granted hereunder shall be subject
to such terms and conditions as the commission may prescribe consistent
with the provisions of this act or any regulations promulgated thereof.

4. Any determination by the commission pursuant to this section to
suspend or accept applications for inclusion in the longshore workers'
register shall be made upon a record, shall not become effective until
five days after notice thereof to the collective bargaining
representative of stevedores and other employers of longshore workers in
the port of New York district in this state and to the labor
organization representing such longshore workers and/or the petitioning
stevedore or other employer of longshore workers in the port of New York
district in this state and shall be subject to judicial 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 longshore
workers in the port of New York district in this state. Such judicial
review proceeding may be instituted in the manner provided by the law of
this state for review of the final decision or action of administrative
agencies of this 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 by notice of
appeal from the commission's determination) and provided further that
notwithstanding any other provision of law in this 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 longshore
workers' register, the registration of any longshore workers included in
the longshore workers' register as a result of such determination by the
commission shall be cancelled.

5. 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 this subdivision empowering the commission to
register longshore workers on a temporary basis to meet special or
emergency needs or the provisions of subdivision four of section five
hundred thirty-four-k of this article relating to the immediate
reinstatement of persons removed from the longshore workers' register
pursuant to this section.

6. Upon the granting of any joint recommendation or petition under
this section for the acceptance of applications for inclusion in the
longshore workers' register, the commission shall accept applications
upon written sponsorship from the prospective employer of longshore
workers. 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 state of New York
dealing with equal employment opportunities. Notwithstanding any of the
foregoing, where the commission determines to accept applications for
inclusion in the longshore workers' register on its own initiative, such
acceptance shall be accomplished in such manner deemed appropriate by
the commission.

7. Notwithstanding any other provision of this article, the commission
may include in the longshore workers' 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; and

(b) a person defined as a longshore worker in subparagraph four of
paragraph (a), or paragraph (b) of subdivision twelve of section five
hundred thirty-four-b of this article who is employed by a stevedore
defined in paragraph (c) or (d) of subdivision twenty-two of section
five hundred thirty-four-b of this article and whose employment is not
subject to the guaranteed annual income provisions of any collective
bargaining agreement relating to longshore workers.

8. The commission may include in the longshore workers' register,
under such terms and conditions as the commission may prescribe, persons
issued registration on a temporary basis as a longshore worker or a
checker to meet special or emergency needs and who are still so
registered by the commission upon the enactment of this act.

9. Nothing in this section shall be construed to modify, limit or
restrict in any way any of the rights protected by section five hundred
thirty-four-q of this article.