THE New Jersey State legislature, its Assembly and Senate, has voted unanimously to quit the historic and controversial New York Waterfront Commission.
The bi-state agency has even driven the mutually hostile longshoremen's union and waterfront bosses into the same camp long before New Jersey voted to rid itself of the brief-creeping, meddlesome agency, reports American Shipper.
"This has been a festering problem for years that has presented many obstacles to our New Jersey being competitive with other ports up and down the east coast," said NJ Democratic State Senator Raymond Lesniak.
But Waterfront Commission lawyer Phoebe Sorial insists it cannot be done. "A state cannot unilaterally withdraw from a bi-state compact; the bill is unconstitutional," she said.
"There is absolutely no question it will not withstand judicial scrutiny," she said.
The Assembly voted 75-0 to have the New Jersey State Police assume Waterfront Commission duties and the state Senate voted 36-0 the same way. The bill awaits Governor Chris Christie's signature.
The New York Waterfront Commission was created 61 years ago to fight then rampant crime and corruption on the docks in New York and New Jersey.
Today, the commission does background checks on workers, has the right to bar workers from the waterfront and also regulates the size of the port's workforce.
NJ Democratic State Senator Raymond Lesniak said there is no penalty for withdrawing from the commission, which he noted was intended to be a temporary agency when it was set up.
Lately, the commission has involved itself in racial and gender discrimination in hiring, and has delayed the hiring of needed workers at a cost to the employers, unions and to wider port interests, which say they are losing traffic to rivals as a result.
Since the demise of the Manhattan finger piers in New York state in the 1960s and '70s, more than 70 per cent of the cargo handled in the port crosses docks in New Jersey.
Contrary to Ms Sorial opinion, Sen Lesiak said New Jersey does not need permission from New York State to withdraw from the compact.
Ms Sorial warned: "With New Jersey's withdrawal, New York would be left with discretion to establish policies without oversight from New Jersey, and without obligation to ensure that policies are consistent New Jersey laws and practices."
But Sen Lesniak disagrees, contending that the agency "has interfered with the daily operations of our terminal operators to the extent that they can't get the workforce in place when needed and have complained vociferously that they are losing commerce to other states".
Contending parties have met in court over waterfront hiring, but a federal judge sided with the commission, finding that the "eradication of racial and gender-based discrimination is a purpose of the compact" between New York and New Jersey that created the commission in 1953".
Sen Lesniak said warehouse operators in the region have complained the Waterfront Commission has tried to extend its jurisdiction to their operations and have lost business as a result.
"Since New Jersey has 70 per cent of the commerce coming into the port, we believe that the authority to regulate that commerce belongs to the State of New Jersey," said Sen Lesniak.
PORTS
12 March 2015 - 21:42
NJ votes to dump NY Waterfront Commission - no can do, says lawyer
THE New Jersey State legislature, its Assembly and Senate, has voted unanimously to quit the historic and controversial New York Waterfront Commission.
PORTS
12 March 2015 - 21:42
NJ votes to dump NY Waterfront Commission - no can do, says lawyer
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