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NY Waterfront Commission wins in court against union-boss common front

THE US District Court of New Jersey has dismissed a complaint against the New York Waterfront Commission that alleges it overstepped its statutory authority by requiring that hiring be done without racial or gender discrimination.

The complaint was filed by the New York Shipping Association (NYSA), Metropolitan Marine Maintenance Contractors Association (MMMCA) and the International Longshoremen's Association (ILA).



"They alleged that we were improperly interfering with their collective bargaining rights by doing so," said Waterfront Commission lawyer Phoebe Sorial.



Judge Susan Wigenton wrote in her decision 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. 



The commission fights crime and corruption on the waterfront with its own police force, through background checks that bars criminals and regulates the number of workers in the harbour.



Earlier this year, president of the NYSA John Nardi said: "We are the only port in America that has to jump through such bureaucratic hoops just to fill one empty position, let alone the hundreds that remain. 



"We already are seeing cargo being re-routed to other ports due to the delays in hiring skilled labour. There is a better way. Like every business, we need a right-sized work force of well-trained, diverse and capable individuals as determined by the employer, not a quasi-governmental agency."



ILA president Harold Daggett, agreed, saying the commission "has no business interfering with the collective bargaining agreement between the ILA and New York Shipping". 



He accused the commission of "costing the port revenue, denying workers, including returning US veterans, much-needed work and creating unsafe working conditions for the existing workforce that's trying to keep commerce moving in and out of our ports."



Said Ms Soriel: "We are very pleased with today's decision, which sends the clear and unmistakable message to the ILA, NYSA and MMMCA that their attempts to institutionalise discrimination will not be tolerated."



NYSA had no immediate comment, saying it was studying the decision.
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