Bill Text: NY S03312 | 2017-2018 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS [S03312 Detail]

Download: New_York-2017-S03312-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3312
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 20, 2017
                                       ___________
        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed 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:
     1    Section 1. Section 5-p of chapter 882 of the laws of 1953,  constitut-
     2  ing the waterfront commission act, as amended by chapter 431 of the laws
     3  of 1999, is amended to read as follows:
     4    §  5-p.  [Suspension  or  acceptance  of applications for inclusion in
     5  longshoremen's] Longshoremen's register[; exceptions].  [1.] The commis-
     6  sion shall [suspend the acceptance of] accept applications for inclusion
     7  in the longshoremen's register [for a period of  sixty  days  after  the
     8  effective date of this act. Upon the termination of such sixty day peri-
     9  od the commission shall thereafter have the power to make determinations
    10  to   suspend   the  acceptance  of  application  for  inclusion  in  the
    11  longshoremen's register for such periods of time as the  commission  may
    12  from  time  to  time establish and, after any such period of suspension,
    13  the commission shall have the power to  make  determinations  to  accept
    14  applications  for such period of time as the commission may establish or
    15  in such number as the commission may determine, or both.  Such  determi-
    16  nations  to  suspend or accept applications shall be made by the commis-
    17  sion]: (a) [on its own initiative or (b)] upon the joint  recommendation
    18  in writing of stevedores and other employers of longshoremen in the port
    19  of  New  York  district,  acting  through  their  representative for the
    20  [purpose] purposes of collective bargaining with  a  labor  organization
    21  representing  such  longshoremen in such district, and such labor organ-
    22  ization; or [(c)] (b) upon the petition in writing  of  a  stevedore  or
    23  [another]  other  employer  of  longshoremen  in  the  port  of New York
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07965-01-7
        S. 3312                             2
     1  district which does not have a representative for the [purpose] purposes
     2  of collective bargaining with a  labor  organization  representing  such
     3  longshoremen.  [The  commission shall have the power to accept or reject
     4  such joint recommendation or petition.
     5    All  joint  recommendations  or  petitions filed for the acceptance of
     6  applications with the commission for  inclusion  in  the  longshoremen's
     7  register shall include:
     8    (a) the number of employees requested;
     9    (b) the category or categories of employees requested;
    10    (c)  a  detailed  statement  setting  forth the reasons for said joint
    11  recommendation or petition;
    12    (d) in cases where a joint recommendation is made under this  section,
    13  the collective bargaining representative of stevedores and other employ-
    14  ers  of  longshoremen  in  the  port  of New York district and the labor
    15  organization representing such longshoremen shall provide the allocation
    16  of the number of persons to be sponsored by each employer of  longshore-
    17  men in the port of New York district; and
    18    (e) any other information requested by the commission.
    19    2.  In  administering  the  provisions of this section, the commission
    20  shall observe the following standards:
    21    (a) To encourage as far  as  practicable  the  regularization  of  the
    22  employment of longshoremen;
    23    (b) To bring the number of eligible longshoremen into balance with the
    24  demand  for longshoremen's services within the port of New York district
    25  without reducing the number of eligible longshoremen below  that  neces-
    26  sary  to  meet  the requirements of longshoremen in the port of New York
    27  district;
    28    (c) To encourage the mobility and full  utilization  of  the  existing
    29  work force  of longshoremen;
    30    (d)  To  protect  the job security of the existing work force of long-
    31  shoremen by considering the wages and employment benefits of prospective
    32  registrants;
    33    (e) To eliminate oppressive and evil  hiring  practices  injurious  to
    34  waterfront  labor  and  waterborne  commerce  in  the  port  of New York
    35  district, including, but not  limited  to,  those  oppressive  and  evil
    36  hiring  practices  that  may result from either a surplus or shortage of
    37  waterfront labor;
    38    (f) To consider the effect of technological change and automation  and
    39  such  other economic data and facts as are relevant to a proper determi-
    40  nation;
    41    (g) To protect the public interest of the port of New York district.
    42    In observing the foregoing standards and before determining to suspend
    43  or accept applications  for inclusion in  the  longshoremen's  register,
    44  the  commission  shall consult with and consider the views of, including
    45  any statistical data or other factual information concerning the size of
    46  the longshoremen's  register submitted by, carriers of freight by water,
    47  stevedores, waterfront terminal owners and operators, any  labor  organ-
    48  ization  representing  employees  registered  by the commission, and any
    49  other person whose  interests  may  be  affected  by  the  size  of  the
    50  longshoremen's register.
    51    Any  joint  recommendation  or  petition  granted  hereunder  shall be
    52  subject to such terms and conditions as the commission may prescribe.
    53    3. Any determination by the commission pursuant  to  this  section  to
    54  suspend  or  accept  applications  for  inclusion  in the longshoremen's
    55  register shall be made upon a record, shall not become  effective  until
    56  five  days  after  notice thereof to the collective bargaining represen-
        S. 3312                             3

     1  tative of stevedores and other employers of longshoremen in the port  of
     2  New  York district and to the labor organization representing such long-
     3  shoremen and/or the petitioning stevedore or  other  employer  of  long-
     4  shoremen  in the port of New York district and shall be subject to judi-
     5  cial review for being arbitrary, capricious, and an abuse of  discretion
     6  in a proceeding jointly instituted by such representative and such labor
     7  organization  and/or  by  the petitioning stevedore or other employer of
     8  longshoremen in the port of New  York  district.  Such  judicial  review
     9  proceeding  may  be instituted in either state in the manner provided by
    10  the law of such state for review of the  final  decision  or  action  of
    11  administrative  agencies  of  such  state,  provided, however, that such
    12  proceeding shall be decided directly by the appellate  division  as  the
    13  court of first instance (to which the proceeding shall be transferred by
    14  order  of  transfer  by the supreme court in the state of New York or in
    15  the state of New Jersey by notice  of  appeal  from    the  commission's
    16  determination)  and  provided  further  that  notwithstanding  any other
    17  provision of law in either state no court shall have power to  stay  the
    18  commission's  determination  prior  to  final judicial decision for more
    19  than fifteen days. In the event that the  court  enters  a  final  order
    20  setting aside the determination by the commission to accept applications
    21  for  inclusion  in  the longshoremen's register, the registration of any
    22  longshoremen included in the longshoremen's register as a result of such
    23  determination by the commission shall be cancelled.
    24    This section shall apply, notwithstanding any other provision of  this
    25  act,  provided  however,  such  section  shall  not  in any way limit or
    26  restrict the provisions of section five of  article  nine  of  this  act
    27  empowering  the commission to register longshoremen on a temporary basis
    28  to meet special or emergency needs or the provisions of section four  of
    29  article  nine  of  this  act  relating to the immediate reinstatement of
    30  persons removed from the longshoremen's  register  pursuant  to  article
    31  nine  of this act. Nothing in this section shall be construed to modify,
    32  limit or restrict in any way any of  the  rights  protected  by  article
    33  fifteen of this act.
    34    4.  Upon  the  granting  of any joint recommendation or petition under
    35  this section for the acceptance of applications  for  inclusion  in  the
    36  longshoremen's  register,  the commission shall accept applications upon
    37  written sponsorship from the prospective employer of longshoremen.   The
    38  sponsoring  employer shall furnish the commission with the name, address
    39  and such other identifying or category information as the commission may
    40  prescribe for any person so sponsored.  The  sponsoring  employer  shall
    41  certify  that  the  selection  of the persons so sponsored was made in a
    42  fair and non-discriminatory basis in accordance with the requirements of
    43  the laws of the United States and the states of New York and New  Jersey
    44  dealing with equal employment opportunities.
    45    Notwithstanding  any of the foregoing, where the commission determines
    46  to accept applications for inclusion in the longshoremen's  register  on
    47  its own initiative, such acceptance shall be accomplished in such manner
    48  deemed appropriate by the commission.
    49    5. Notwithstanding any other provision of this act, the commission may
    50  include  in  the longshoremen's register under such terms and conditions
    51  as the commission may prescribe:
    52    (a) a person issued registration on a temporary basis to meet  special
    53  or emergency needs who is still so registered by the commission;
    54    (b)  a  person defined as a longshoreman in subdivision six of section
    55  five-a of this act who is employed by a stevedore defined  in  paragraph
    56  (b)  or  (c) of subdivision one of said section five-a and whose employ-
        S. 3312                             4

     1  ment is not subject to the guaranteed annual income  provisions  of  any
     2  collective bargaining agreement relating to longshoremen;
     3    (c)  no more than twenty persons issued registration limited to acting
     4  as scalemen pursuant to the provisions of chapter 953  of  the  laws  of
     5  1969  and  chapter 64 of the laws of 1982 who are still so registered by
     6  the commission and who are no longer employed as scalemen on the  effec-
     7  tive date of this subdivision;
     8    (d)  a person issued registration on a temporary basis as a checker to
     9  meet special or emergency needs who applied for such registration  prior
    10  to January 15, 1986 and who is still so registered by the commission;
    11    (e)  a person issued registration on a temporary basis as a checker to
    12  meet special or emergency needs in accordance with a waterfront  commis-
    13  sion  resolution  of September 4, 1996 and who is still so registered by
    14  the commission;
    15    (f) a person issued registration on a temporary basis as  a  container
    16  equipment operator to meet special or emergency needs in accordance with
    17  a waterfront commission resolution of September 4, 1996 and who is still
    18  so registered by the commission; and
    19    (g)  a person issued registration on a temporary basis as a longshore-
    20  man to meet special or emergency needs in accordance with  a  waterfront
    21  commission  resolution  of  September 4, 1996 and who is still so regis-
    22  tered by the commission.
    23    6. The commission may include in the  longshoremen's  register,  under
    24  such  terms  and  conditions  as  the  commission may prescribe, persons
    25  issued registration on a temporary basis as a longshoreman or a  checker
    26  to  meet  special  or emergency needs and who are still so registered by
    27  the commission upon the enactment of this amendment.]
    28    Stevedores and other employers of longshoremen in the port of New York
    29  district shall furnish the commission with the names  and  addresses  of
    30  the persons selected for inclusion in the longshoremen register.
    31    §  2.  If any part or provision of this act or the application thereof
    32  to any person or circumstances be  adjudged  invalid  by  any  court  of
    33  competent jurisdiction, such judgment shall be confined in its operation
    34  to  the  part, provision or application directly involved in the contro-
    35  versy in which such judgment shall have  been  rendered  and  shall  not
    36  affect or impair the validity of the remainder of this act or the appli-
    37  cation  thereof  to  other  persons  or circumstances and the two states
    38  hereby declare that they would have entered into this act or the remain-
    39  der thereof had the invalidity of such provisions or application thereof
    40  been apparent.
    41    § 3. This act constitutes an agreement between the states of New  York
    42  and  New  Jersey, supplementary to the waterfront commission compact and
    43  amendatory thereof, and shall be liberally construed to  effectuate  the
    44  purposes of that compact and the powers vested in the waterfront commis-
    45  sion  hereby  shall be construed to be in aid of and supplemental to and
    46  not in limitation of or in derogation of any of  the  powers  heretofore
    47  conferred upon or delegated to the waterfront commission.
    48    §  4.  This  act  shall take effect upon the enactment into law by the
    49  state of New Jersey of legislation having an identical effect with  this
    50  act,  but  if  the  state  of New Jersey shall have already enacted such
    51  legislation, this act shall take effect immediately; and  provided  that
    52  the  waterfront  commission  shall  notify the legislative bill drafting
    53  commission upon the occurrence  of  the  enactment  of  the  legislation
    54  provided for in section one of this act in order that the commission may
    55  maintain an accurate and timely effective data base of the official text
    56  of  laws  of  the  state  of New York in furtherance of effectuating the
        S. 3312                             5
     1  provisions of section 44 of the legislative law and section 70-b of  the
     2  public officers law.