§ 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\nlongshore workers' register; exceptions. 1. The commission shall have\nthe power to make determinations to suspend the acceptance of\napplications for inclusion in the longshore workers' register for such\nperiods of time as the commission may from time to time establish and,\nafter any such period of suspension, the commission shall have the power\nto make determinations to accept applications for such period of time as\nthe commission may establish or in such number as the commission may\ndetermine, or both. Such determinations to suspend or accept\napplications shall be made by the commission: (a) on its own initiative\nwhen it determines that continued acceptance of applications for\ninclusion in the longshore workers' register will violate the standards\nset forth in subdivision two of this section; or (b) upon the joint\nrecommendation in writing of stevedores and other employers of longshore\nworkers in the port of New York district in this state, acting through\ntheir representative for the purpose of collective bargaining with a\nlabor organization representing such longshore workers in such district\nand such labor organization; or (c) upon the petition in writing of a\nstevedore or another employer of longshore workers in the port of New\nYork district in this state which does not have a representative for the\npurpose of collective bargaining with a labor organization representing\nsuch longshore workers. The commission shall have the power to accept or\nreject such joint recommendation or petition. All joint recommendations\nor petitions filed for the acceptance of applications with the\ncommission for inclusion in the longshore workers' register shall\ninclude:\n (i) the number of employees requested;\n (ii) the category or categories of employees requested;\n (iii) a detailed statement setting forth the reasons for such joint\nrecommendation or petition;\n (iv) in cases where a joint recommendation is made under this section,\nthe collective bargaining representative of stevedores and other\nemployers of longshore workers in the port of New York district in this\nstate and the labor organization representing such longshore workers\nshall provide the allocation of the number of persons to be sponsored by\neach employer of longshore workers in the port of New York district in\nthis state; and\n (v) any other information requested by the commission.\n 2. In administering the provisions of this section, the commission\nshall observe the following standards:\n (a) To encourage as far as practicable the regularization of the\nemployment of longshore workers;\n (b) To bring the number of eligible longshore workers into balance\nwith the demand for longshore workers' services within the port of New\nYork district in this state without reducing the number of eligible\nlongshore workers below that necessary to meet the requirements of\nlongshore workers in the port of New York district in this state;\n (c) To encourage the mobility and full utilization of the existing\nwork force of longshore workers;\n (d) To protect the job security of the existing work force of\nlongshore workers by considering the wages and employment benefits of\nprospective registrants;\n (e) To eliminate oppressive, unlawful, discriminatory, and corrupt\nhiring practices injurious to waterfront labor and waterborne commerce\nin the port of New York district in this state, including, but not\nlimited to, those oppressive, unlawful, discriminatory, and corrupt\nhiring practices that may result from either a surplus or shortage of\nwaterfront labor;\n (f) To consider the effect of technological change and automation and\nsuch other economic data and facts as are relevant to a proper\ndetermination; and\n (g) To protect the public interest of this state.\n 3. (a) In observing the foregoing standards and before determining to\nsuspend or accept applications for inclusion in the longshore workers'\nregister, the commission shall consult with and consider the views of,\nincluding any statistical data or other factual information concerning\nthe size of the longshore workers' register submitted by, carriers of\nfreight by water, stevedores, waterfront terminal owners and operators,\nany labor organization representing employees registered by the\ncommission, and any other person whose interests may be affected by the\nsize of the longshore workers' register. The commission shall publish on\nits website the justification for any determination to suspend\napplications for inclusion in the longshore workers' register, and shall\nnotify the governor and the legislature of such suspension, within ten\ndays of such action.\n (b) Any recommendation or petition granted hereunder shall be subject\nto such terms and conditions as the commission may prescribe consistent\nwith the provisions of this act or any regulations promulgated thereof.\n 4. Any determination by the commission pursuant to this section to\nsuspend or accept applications for inclusion in the longshore workers'\nregister shall be made upon a record, shall not become effective until\nfive days after notice thereof to the collective bargaining\nrepresentative of stevedores and other employers of longshore workers in\nthe port of New York district in this state and to the labor\norganization representing such longshore workers and/or the petitioning\nstevedore or other employer of longshore workers in the port of New York\ndistrict in this state and shall be subject to judicial review for being\narbitrary, capricious, and an abuse of discretion in a proceeding\njointly instituted by such representative and such labor organization\nand/or by the petitioning stevedore or other employer of longshore\nworkers in the port of New York district in this state. Such judicial\nreview proceeding may be instituted in the manner provided by the law of\nthis state for review of the final decision or action of administrative\nagencies of this state, provided, however, that such proceeding shall be\ndecided directly by the appellate division as the court of first\ninstance (to which the proceeding shall be transferred by order of\ntransfer by the supreme court in the state of New York by notice of\nappeal from the commission's determination) and provided further that\nnotwithstanding any other provision of law in this state no court shall\nhave power to stay the commission's determination prior to final\njudicial decision for more than fifteen days. In the event that the\ncourt enters a final order setting aside the determination by the\ncommission to accept applications for inclusion in the longshore\nworkers' register, the registration of any longshore workers included in\nthe longshore workers' register as a result of such determination by the\ncommission shall be cancelled.\n 5. This section shall apply, notwithstanding any other provision of\nthis act, provided however, such section shall not in any way limit or\nrestrict the provisions of this subdivision empowering the commission to\nregister longshore workers on a temporary basis to meet special or\nemergency needs or the provisions of subdivision four of section five\nhundred thirty-four-k of this article relating to the immediate\nreinstatement of persons removed from the longshore workers' register\npursuant to this section.\n 6. Upon the granting of any joint recommendation or petition under\nthis section for the acceptance of applications for inclusion in the\nlongshore workers' register, the commission shall accept applications\nupon written sponsorship from the prospective employer of longshore\nworkers. The sponsoring employer shall furnish the commission with the\nname, address and such other identifying or category information as the\ncommission may prescribe for any person so sponsored. The sponsoring\nemployer shall certify that the selection of the persons so sponsored\nwas made in a fair and non-discriminatory basis in accordance with the\nrequirements of the laws of the United States and the state of New York\ndealing with equal employment opportunities. Notwithstanding any of the\nforegoing, where the commission determines to accept applications for\ninclusion in the longshore workers' register on its own initiative, such\nacceptance shall be accomplished in such manner deemed appropriate by\nthe commission.\n 7. Notwithstanding any other provision of this article, the commission\nmay include in the longshore workers' register under such terms and\nconditions as the commission may prescribe:\n (a) a person issued registration on a temporary basis to meet special\nor emergency needs who is still so registered by the commission; and\n (b) a person defined as a longshore worker in subparagraph four of\nparagraph (a), or paragraph (b) of subdivision twelve of section five\nhundred thirty-four-b of this article who is employed by a stevedore\ndefined in paragraph (c) or (d) of subdivision twenty-two of section\nfive hundred thirty-four-b of this article and whose employment is not\nsubject to the guaranteed annual income provisions of any collective\nbargaining agreement relating to longshore workers.\n 8. The commission may include in the longshore workers' register,\nunder such terms and conditions as the commission may prescribe, persons\nissued registration on a temporary basis as a longshore worker or a\nchecker to meet special or emergency needs and who are still so\nregistered by the commission upon the enactment of this act.\n 9. Nothing in this section shall be construed to modify, limit or\nrestrict in any way any of the rights protected by section five hundred\nthirty-four-q of this article.\n