ACR149

A Concurrent Resolution providing that the Senate and General Assembly support and authorize the Legislature’s intervention into a federal action filed against the Governor of New Jersey by the Waterfront Commission of New York Harbor.

Whereas, In or around 1953, the states of New York and New Jersey entered into a Compact establishing the Waterfront Commission of New York Harbor (“the Compact”); and

Whereas, The purpose of establishing the Waterfront Commission of New York Harbor (“the Commission”) was to ensure the availability of sufficient labor in the ports of New York and New Jersey, while also protecting against potential corruption that previously existed with the hiring and retention of waterfront laborers; and

Whereas, The Compact empowered the Commission to regulate employment of those engaged in the handling of cargo within the Commission’s geographical jurisdiction (“port district”); and

Whereas, The Commission has exercised its regulatory power by, among other things, licensing pier superintendents, hiring agents, stevedores, and port watchmen, as well as managing the registration of longshoremen; and

Whereas, The Compact provides that conviction of certain criminal offenses shall be grounds upon which a person may be disqualified from receiving or retaining status as a licensee or registrant; and

Whereas, In or around 1956, a few years after the Commission was created, containerization changed the waterfront forever, with the marine terminals on the New Jersey side of the port district beginning to grow significantly in comparison to the New York side; and

Whereas, Today, the New Jersey side of the port district accounts for over 80 percent of the cargo handled and over 80 percent of the man hours worked within the port district; and

Whereas, In recent years, businesses engaged in port activities and unions representing workers in the port district have complained of chronic labor shortages that threaten terminal operations; and

Whereas, The businesses and unions blame the shortages on the Commission’s overly-bureaucratic hiring process which requires the maritime shipping industry to obtain approval to hire additional port labor when necessary; and

Whereas, In September 2007, the State of New Jersey enacted legislation that would force the Commission to accept applications for inclusion in the longshoremen’s register if certain conditions are met but that law remains inoperative because New York has failed to enact identical legislation; and

Whereas, In 2013, the New York Shipping Association and the International Longshoremen’s Association (ILA) petitioned the Commission to add an additional 682 workers to the port district’s workforce but the Commission approved the filling of less than half of those positions, resulting in a lawsuit by the ILA and the New York Shipping Association; and

Whereas, On January 16, 2018, the State of New Jersey enacted legislation setting forth its intention to withdraw from the Compact and authorizing the New Jersey Division of State Police to assume the Commission’s former functions and duties; and

Whereas, On or about January 16, 2018, the Commission filed a lawsuit in federal district court against Philip Murphy, in his capacity as Governor of New Jersey, challenging New Jersey’s authority to unilaterally dissolve the Commission and withdraw from the Compact; and

Whereas, The State Attorney General has undertaken to defend the State of New Jersey’s right to withdraw from the Compact; and

Whereas, It is altogether fitting and proper for the Senate and the General Assembly to intervene in the lawsuit in support of the State’s right to withdraw from a Compact that regulates a waterfront much different than in 1953, makes the State’s ports less efficient due to the inability to hire more labor when necessary, and no longer serves the best interests of the State; now, therefore,

Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

1. The Senate and General Assembly express support for intervention by the Senate and General Assembly, either jointly or individually, in the federal action brought by the Waterfront Commission of New York Harbor against Philip Murphy, in his official capacity as Governor of New Jersey, challenging duly enacted New Jersey legislation that withdraws from the compact establishing the Waterfront Commission of New York Harbor.

2. The President of the Senate and the Speaker of the General Assembly may take any actions that may be necessary for their respective Houses to participate in any legal action relating to any challenge by the Waterfront Commission of New York Harbor to duly enacted New Jersey legislation, and may pay, as those presiding officers may deem appropriate, attorneys’ fees and other fees or costs associated with such legal action.

Nothing herein shall be construed as a limitation on any power heretofore granted to the President of the Senate or the Speaker of the General Assembly.

3. This resolution shall take effect immediately.

STATEMENT

This resolution expresses support for intervention by the Senate and General Assembly in the federal action brought by the Waterfront Commission of New York Harbor against Philip Murphy, in his official capacity as Governor of New Jersey, challenging duly enacted New Jersey legislation that withdraws from the compact establishing the Waterfront Commission of New York Harbor.

The resolution also authorizes the President of the Senate and the Speaker of the General Assembly to take any actions that may be necessary for their respective Houses to participate in any legal action relating to any challenge by the Waterfront Commission of New York Harbor to duly enacted New Jersey legislation, and may pay, as those presiding officers may deem appropriate, attorneys’ fees and other fees or costs associated with such legal action.