N.Y. Executive Law § 534-l: Suspension or acceptance of applications for inclusion in the longshore workers' register; exceptions

§ 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.