Amends the waterfront commission act

Summary of specific provisions

Section 1. Section 5-p of chapter 882 of the laws of 1953, as added by chapter 127 of the laws of 1966, the section heading as added by chapter 654 of the laws of 1982 and subdivision 4 as amended by chapter 322 of the laws of 1997 and as further amended by chapter 431 of the laws of 1999, constituting the waterfront commission act, is REPEALED and a new section 5-p is added constituting the waterfront commission act, is REPEALED and a new section is added which directs the Waterfront Commission of New York Harbor to accept applications upon the joint recommendation of Stevedores and other employers of longshoremen in the port of New York district.

Section 2. If any part or provision of this act is deemed invalid by any court of competent jurisdiction, that judgment shall only be applied to the specific provision found invalid and it shall not affect or impair the remainder of this act.

Section 3. This act constitutes an agreement between the states of New York and New Jersey, and shall be viewed as supplementary to the Water Commission Compact and adopted to accomplish the purposes of this compact.

Section 4. Effective Date.

Justification

Forty-three years ago New York and New Jersey supplemented their bistate Waterfront Commission Compact by enacting Section 5-p, the "controlled register statute." The statute empowers the Waterfront Commission of New York Harbor to control the size of the longshore workforce in the PONYNJ by periodically opening and closing the register of persons licensed to work on the docks. Employers in the PONYNJ are the only employers in the nation denied the ability to perform the basic management function of hiring new workers or replacing those lost through attrition and retirement.

Since the conditions that prompted this legislation no longer exist, Section 5-p as presently written has become an anachronism that

impedes the expeditious hiring and training of additional dock workers needed to handle increases in cargo volume. Failure to have an adequate workforce skilled in the operation of modern cargo-handling equipment has hindered and will continue to hinder efficient Port operations and threatens the economic engine propelled by the Port. At risk is the Port's hard-won share of the increasing amount of international trade that can easily be diverted to other ports. It is expected that a major channel deepening and expansion project underway in the Panama Canal by 2014 will cause a major spike in the growth of the industry. This will present an opportunity and challenge to provide adequate manpower available to handle the anticipated increases in cargo volumes directed toward the PONYNJ. The reform of the current Waterfront Commission process resulting in prompt responsive action to critical labor demands will be a major consideration in the decision to use PONYNJ as a port of calf. The effect of this loss on the economy of New York would be staggering.

This legislation gives employers at the PONYNJ the authority to control the size of the longshore workforce without the artificial constraints of an administrative agency ill-suited for making market- driven commercial decisions. However, it retains the Commission's traditional role in the longshore licensing process. Under this legislation, hiring in the longshore industry would conform to hiring practices in other industries employing licensed personnel where private industry determines the number of new employees needed and selects the individuals to fill these positions. These individuals would still be subject to review by the Commission to insure the good character and integrity of the workers selected. This change does not interfere with the Waterfront Commission's police powers or ability to conduct state and federal criminal history background checks.

Prior legislative history

2010: A.5274 Farrell 2010: S.5039 Hassell-Thompson

Fiscal implications

None.

Effective date

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 the 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.