S T A T E   O F   N E W   Y O R K
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                                  4636

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 7, 2013
                               ___________

Introduced by M. of A. CUSICK, FARRELL, ROBERTS, WEPRIN, TITONE, WRIGHT,
  BORELLI -- Multi-Sponsored by -- M. of A. BOYLAND, CORWIN, MALLIOTAKIS
  --  read  once and referred to the Committee on Corporations, Authori-
  ties 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08526-01-3
              

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[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
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

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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.
  [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:

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  (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 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

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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.