Public Law 252.

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67 Stat. 541 Public Law 252 chapter 407 AN ACT Granting the consent of Congress to a compact between the State of New Jersey and the State of New York known as the Waterfront Commission Compact, and for other purposes.August 12, 1953 [[S. 2383](/us/bill/83/s/2383)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Waterfront Commission Compact. New York and New Jersey. That the consent of Congress is hereby given to the compact set forth below to all of its terms and provisions, and to the carrying out and effectuation of said compact, and enactments in furtherance thereof:

THE WATERFRONT COMMISSION COMPACT BETWEEN THE STATES OF NEW YORK AND NEW JERSEY AS AUTHORIZED BY CHAPTER 882 AS AMENDED BY CHAPTER 883 OF THE LAWS OF THE STATE OF NEW YORK OF 1953, AND BY CHAPTER 202 AS AMENDED BY CHAPTER 203 OF THE LAWS OF THE STATE OF NEW JERSEY OF 1953. Article I findings and declarations 1. The States of New Jersey and New York hereby find and declare that, the conditions under which waterfront labor is employed within the Port of New York district are depressing and degrading to such labor, resulting from the lack of any systematic method of hiring, the lack of adequate information as to the availability of employment, corrupt hiring practices and the fact that persons conducting such hiring are frequently criminals and persons notoriously lacking in moral character and integrity and neither responsive or responsible to the employers nor to the uncoerced will of the majority of the members of the labor organizations of the employees; that as a result waterfront laborers suffer from irregularity of employment, fear and insecurity, inadequate earnings, an unduly high accident rate, subjection to borrowing at usurious rates of interest, exploitation and extortion as the price of securing employment and a loss of respect for the law; that not only does there result a destruction of the dignity of an important segment of American labor, but a direct encouragement. of crime which imposes a levy of greatly increased costs on food, fuel and other necessaries handled in and through the Port of New York district. 2.

The States of New Jersey and New York hereby find and declare that many of the evils above described result not only from the causes above described but from the practices of public loaders at piers and other waterfront terminals; that such public loaders serve no valid economic purpose and operate as parasites exacting a high and unwarranted toll on the flow of commerce in and through the Port of New York district, and have used force and engaged in discriminatory and coercive practices including extortion against, persons not desiring to employ them; and that the function of loading and unloading trucks and other land vehicles at piers and other waterfront terminals can and should be performed, as in every other major American port, without the evils and abuses of the public loader system, and by the carriers of freight by water, stevedores and operators of such piers and other water front terminals or the operators of such trucks or other land vehicles. 67 Stat. 542 3.

The States of New Jersey and New York hereby find and declare that many of the evils above described result not only from the causes above described but from the lack of regulation of the occupation of stevedores; that such stevedores have engaged in corrupt practices to induce their hire by carriers of freight by water and to induce officers and representatives of labor organizations to betray their trust to the members of such labor organizations. 4. The States of New Jersey and New York hereby find and declare that the occupations of longshoremen, stevedores, pier superintendents, hiring agents and port watchmen are affected with a public interest requiring their regulation and that, such regulation shall be deemed an exercise of the police power of the two States for the protection of the public safety, welfare, prosperity, health, peace and living conditions of the people of the two States.

Article II definitions As used in this compact; “The Port of New York district” shall mean the district created by Article II of the compact dated April thirtieth, one thousand nine hundred and twenty-one, between the States of New York and New Jersey, authorized by chapter one hundred fifty-four of the laws of New York of one thousand and nine hundred and twenty-one and chapter one hundred fifty-one of the laws of New Jersey of one thousand nine hundred and twenty-one. “Commission” shall mean the waterfront commission of New York harbor established by Article III hereof.

“Pier” shall include any wharf, pier, dock or quay. “Other waterfront terminal” shall include any warehouse, depot or other terminal (other than a pier) which is located within one thousand yards of any pier in the Port of New York district and which is used for waterborne freight in whole or substantial part. “Person” shall mean not only a natural person but also any partnership, joint venture, association, corporation or any other legal entity but shall not include the United States, any State or territory thereof or any department, division, board, commission or authority of one or more of the foregoing.

“Carrier of freight by water” shall mean any person who may be engaged or who may hold himself out as willing to be engaged, whether as a common carrier, as a contract carrier or otherwise (except for carriage of liquid cargoes in bulk in tank vessels designed for use exclusively in such service or carriage by barge of bulk cargoes consisting of only a single commodity loaded or carried without wrappers or containers and delivered by the carrier without transportation mark or count) in the carriage of freight by water between any point in the Port of New York district and a point outside said district, “Waterborne freight” shall mean freight carried by or consigned for carriage by carriers of freight by water.

“Longshoreman” shall mean a natural person, other than a hiring agent, who is employed for work at a pier or other water front terminal, either by a carrier of freight by water or by a stevedore,

(a)physically to move waterborne freight on vessels berthed at piers, on piers or at other waterfront terminals, or

(b)to engage in direct and immediate checking of any such freight or of the custodial accounting therefor or in the recording or tabulation of the hours worked at piers or other waterfront terminals by natural persons employed by carriers of freight by water or stevedores, or 67 Stat. 543

(c)to supervise directly and immediately others who are employed as in subdivision

(a)of this definition. “Pier superintendent” shall mean any natural person other than a longshoreman who is employed for work at a pier or other waterfront terminal by a carrier of freight by water or a stevedore and whose work at such pier or other waterfront terminal includes the supervision, directly or indirectly, of the work of longshoremen. “Port watchman” shall include any watchman, gateman, roundsman, detective, guard, guardian or protector of property employed by the operator of any pier or other waterfront terminal or by a carrier of freight by water to perform services in such capacity on any pier or other waterfront terminal. “Longshoremen’s register” shall mean the register of eligible longshoremen compiled and maintained by the commission pursuant to Article VIII. “Stevedore” shall mean a contractor (not including an employee) engaged for compensation pursuant to a contract or arrangement with a carrier of freight by water, in moving waterborne freight carried or consigned for carriage by such earner on vessels of such carrier berthed at piers, on piers at which such vessels are berthed or at other waterfront terminals, “Hiring agent” shall mean any natural person, who on behalf of a carrier of freight by water or a stevedore shall select any longshoreman for employment. “Compact” shall mean this compact and rules or regulations lawfully promulgated thereunder. Article III waterfront commission of new york harbor 1. There is hereby created the waterfront commission of New York harbor, which shall be a body corporate and politic, an instrumentality of the States of New York and New Jersey. 2. The commission shall consist of two members, one to be chosen by the State of New Jersey and one to be chosen by the State of New York. The member representing each State shall be appointed by the Governor of such State with the advice and consent of the Senate thereof, without regard to the State of residence of such member, and shall receive compensation to be fixed by the Governor of such State. The term of office of each member shall be for three years; *Provided, however*, that the members first appointed shall be appointed for a term to expire June thirtieth, nineteen hundred fifty-six. Each member shall hold office until his successor has been appointed and qualified. Vacancies in office shall be filled for the balance of the unexpired term in the same manner as original appointments. 3. The commission shall act only by unanimous vote of both members thereof. Any member may, by written instrument filed in the office of the commission, designate any officer or employee of the Commission to act in his place as a member whenever he shall be unable to attend a meeting of the commission. A vacancy in the office of a member shall not impair such designation until the vacancy shall have been filled. 67 Stat. 544 Article IV general powers of commission In addition to the powers and duties elsewhere prescribed in this compact, the commission shall have the power: 1. To sue and be sued; 2. To have a seal and alter the same at pleasure; 3. To acquire, hold and dispose of real and personal property by gift, purchase, lease, license or other similar manner, for its corporate purposes; 4. To determine the location, size and suitability of accommodations necessary and desirable for the establishment and maintenance of the employment information centers provided in Article XII hereof and for administrative offices for the commission; 5. To appoint such officers, agents and employees as it may deem necessary, prescribe their powers, duties and qualifications and fix their compensation and retain and employ counsel and private consultants on a contract basis or otherwise; 6. To administer and enforce the provisions of this compact; 7. To make and enforce such rules and regulations as the Commission may deem necessary to effectuate the purposes of this compact or to prevent the circumvention or evasion thereof, to be effective upon publication in the manner which the commission shall prescribe and upon filing in the office of the Secretary of State of each State. A certified copy of any such rules and regulations, attested as true and correct by the commission, shall be presumptive evidence of the regular making, adoption, approval and publication thereof; 8. By its members and its properly designated officers, agents and employees, to administer oaths and issue subpoenas throughout both States to compel the attendance of witnesses and the giving of testimony and the production of other evidence; 9. To have for its members and its properly designated officers, agents and employees, full and free access, ingress and egress to and from all vessels, piers and other waterfront terminals or other places in the port of New York district, for the purposes of making inspection or enforcing the provisions of this compact; and no person shall obstruct or in any way interfere with any such member, officer, employee or agent in the making of such inspection, or in the enforcement of the provisions of this compact or in the performance of any other power or duty under t his compact; 10. To recover possession of any suspended or revoked license issued under this compact; 11. To make investigations, collect and compile information concerning waterfront practices generally within the port of New York district and upon all matters relating to the accomplishment of the objectives of this compact; 12. To advise and consult with representatives of labor and industry and with public officials and agencies concerned with the effectuation of the purposes of this compact, upon all matters which the Commission may desire, including but not limited to the form and substance of rules and regulations, the administration of the compact, maintenance of the longshoremen’s register, and issuance and revocation of licenses; 13. To make annual and other reports to the Governors and Legislatures of both States containing recommendations for the improvement of the conditions of waterfront labor within the port of New York district, for the alleviation of the evils described in Article I and for the effectuation of the purposes of this compact. Such annual reports shall state the commission’s finding and determination as to 67 Stat. 545whether the public necessity still exists for

(a)the continued registration of longshoremen,

(b)the continued licensing of any occupation or employment required to be licensed hereunder and

(c)the continued public operation of the employment information centers provided for in Article XII; 14. To cooperate with and receive from any department, division, bureau, board, commission, or agency of either or both States, or of any county or municipality thereof, such assistance and data as will enable it properly to carry out its powers and duties hereunder; and to request any such department, division, bureau, board, commission, or agency, with the consent, thereof, to execute such of its functions and powers, as the public interest, may require. The powers and duties of the commission may be exercised by officers, employees and agents designated by them, except the power to make rules and regulations. The commission shall have such additional powers and duties as may hereafter be delegated to or imposed upon it from time to time by the action of the Legislature of either State concurred in by the Legislature of the other. Article V pier superintendents and hiring agents 1. On or after the first day of December, nineteen hundred and fifty-three, no person shall act as a pier superintendent or as a hiring agent within the port of New York district without first having obtained from the commission a license to act as such pier superintendent or hiring agent, as the case may be, and no person shall employ or engage another person to act as a pier superintendent or hiring agent who is not so licensed. 2. A license to act as a pier superintendent or hiring agent shall be issued only upon the written application, under oath, of the person proposing to employ or engage another person to act as such pier superintendent or hiring agent, verified by the prospective licensee as to the matters concerning him, and shall state the following:

(a)The full name and business address of the applicant;

(b)The full name, residence, business address (if any), place and date of birth and social security number of the prospective licensee;

(c)The present and previous occupations of the prospective licensee, including the places where he was employed and the names of his employers;

(d)Such further facts and evidence as may be required by the Commission to ascertain the character, integrity and identity of the prospective licensee; and

(e)That if a license is issued to the prospective licensee, the applicant will employ such licensee as pier Superintendent or hiring agent, as the case may be. 3. No such license shall be granted.

(a)Unless the commission shall be satisfied that the prospective licensee possesses good character and integrity;

(b)If the prospective licensee has, without subsequent pardon, been convicted by a court of the United States, or any State or territory thereof, of the commission of, or the attempt or conspiracy to commit treason, murder, manslaughter or any felony or high misdemeanor or any of the following misdemeanors or offenses: illegally using, carrying or possessing a pistol or other dangerous weapon; making or possessing burglar’s instruments; buying or receiving stolen property; unlawful entry of a building; aiding an escape from prison; unlawfully possessing or distributing habit-forming narcotic drugs; and violation of this compact. Any such prospective licensee inelig-67 Stat. 546ible for a license by reason of any such conviction may submit satisfactory evidence to the commission that he has for a period of not less than five years, measured as hereinafter provided, and up to the time of application, so conducted himself as to warrant the grant of such license, in which event the commission may, in its discretion, issue an order removing such ineligibility. The aforesaid period of five years shall be measured either from the date of payment of any fine imposed upon such person or the suspension of sentence or from the date of his unrevoked release from custody by parole, commutation or termination of his sentence;

(c)If the prospective licensee knowingly or willfully advocates the desirability of overthrowing or destroying the government of the United States by force or violence or shall be a member of a group which advocates such desirability, knowing the purposes of such group include such advocacy. 4. When the application shall have been examined and such further inquiry and investigation made as the commission shall deem proper and when the commission shall be satisfied therefrom that the prospective licensee possesses the qualifications and requirements prescribed in this article, the commission shall issue and deliver to the prospective licensee a license to act as pier superintendent or hiring agent for the applicant, as the case may be, and shall inform the applicant of his action. The commission may issue a temporary permit to any prospective licensee for a license under the provisions of this article pending final action on an application made for such a license. Any such permit shall be valid for a period not in excess of thirty days. 5. No person shall be licensed to act as a pier superintendent or hiring agent for more than one employer, except at a single pier or other waterfront terminal, but nothing in this article shall be construed to limit in any way the number of pier superintendents or hiring agents any employer may employ. 6. A license granted pursuant to this article shall continue through the duration of the licensee’s employment by the employer who shall have applied for his license. 7. Any license issued pursuant to this article may be revoked or suspended for such period as the commission deems in the public interest or the licensee thereunder may be reprimanded for any of the following offenses:

(a)Conviction of a crime or act by the licensee or other cause which would require or permit his disqualification from receiving a license upon original application;

(b)Fraud, deceit or misrepresentation in securing the license, or in the conduct of the licensed activity;

(c)Violation of any of the provisions of this compact;

(d)Addiction to the use of or trafficking in morphine, opium, cocaine or other narcotic drug;

(e)Employing, hiring or procuring any person in violation of this compact or inducing or otherwise aiding or abetting any person to violate the terms of this compact;

(f)Paying, giving, causing to be paid or given or offering to pay or give to any person any valuable consideration to induce such other person to violate any provision of this compact or to induce any public officer, agent or employee to fail to perform his duty hereunder;

(g)Consorting with known criminals for an unlawful purpose;

(h)Transfer or surrender of possession of the license to any person either temporarily or permanently without satisfactory explanation;

(i)False impersonation of another licensee under this compact;

(j)Receipt or solicitation of anything of value from any person other than the licensee’s employer as consideration for the selection or retention for employment of any longshoreman; 67 Stat. 547

(k)Coercion of a longshoreman by threat of discrimination or violence or economic reprisal, to make purchases from or to utilize the services of any person;

(l)Lending any money to or borrowing any money from a longshoreman for which there is a charge of interest or other consideration; and

(m)Membership in a labor organization which represents longshoremen or port watchmen; but nothing in this section shall be deemed to prohibit pier superintendents or hiring agents from being represented by a labor organization or organizations which do not also represent longshoremen or port watchmen. The American Federation of Labor, the Congress of Industrial Organizations and any other similar federation congress or other organization of national or international occupational or industrial labor organizations shall not be considered an organization which represents longshoremen or port watchmen within the meaning of this section although one of the federated or constituent labor organizations thereof may represent longshoremen or port watchmen. Article VI stevedores 1. On or after the first day of December, nineteen hundred and fifty-three, no person shall act as a stevedore within the Port of New York district without having first, obtained a license from the Commission, and no person shall employ a stevedore to perform services as such within the Port of New York district, unless the stevedore is so licensed. 2. Any person intending to act as a stevedore within the Port of New York district shall file in the office of the commission a written application for a license to engage in such occupation, duly signed and verified as follows:

(a)If the applicant is a natural person, the application shall be signed and verified by such person and if the applicant is a partnership, the application shall be signed and verified by each natural person composing or intending to compose such partnership. The application shall state the full name, age, residence, business address (if any), present and previous occupations of each natural person so signing the same, and any other facts and evidence as may be required by the commission to ascertain the character, integrity and identity of each natural person so signing such application.

(b)If the applicant is a corporation, the application shall be signed and verified by the president, secretary and treasurer thereof, and shall specify the name of the corporation, the date and place of its incorporation, the location of its principal place of business, the names and addresses of, and the amount of the stock held by stockholders owning five percent or more of any of the stock thereof, and of all officers (including all members of the board of directors). The requirements of subdivision

(a)of this section as to a natural person who is a member of a partnership, and such requirements as may be specified in rules and regulations promulgated by the commission, shall apply to each such officer or stockholder and their successors in office or interest as the case may be. In the event of the death, resignation or removal of any officer, and in the event of any change in the list of stockholders who shall own five percent or more of the stock of the corporation, the secretary of such corporation shall forthwith give notice of that fact in writing to the commission, certified by said secretary. 67 Stat. 548 3. No such license shall be granted

(a)If any person whose signature or name appears in the application is not the real party in interest required by section 2 of this article to sign or to be identified in the application or if the person so signing or named in the application is an undisclosed agent or trustee for any such real party in interest;

(b)Unless the commission shall be satisfied that the applicant and all members, officer’s and stockholders required by section 2 of this article to sign or be identified in the application for license possess good character and integrity;

(c)Unless the applicant is either a natural person, partnership or corporation;

(d)Unless the applicant shall be a party to a contract then in force or which will take effect upon the issuance of a license, with a carrier of freight by water for the loading and unloading by the applicant of one or more vessels of such carrier at a pier within the port of New York district;

(e)If the applicant or any member, officer or stockholder required by section 2 of this article to sign or be identified in the application for license has, without subsequent pardon, been convicted by a court of the United States or any State or territory thereof of the Commission of, or the attempt or conspiracy to commit, treason, murder, manslaughter or any felony or high misdemeanor or any of the misdemeanors or offenses described in subdivision

(b)of section 3 of Article V. Any applicant ineligible for a license by reason of any such conviction may submit satisfactory evidence to the commission that the person whose conviction was the basis of ineligibility has for a period of not less than five years, measured as hereinafter provided and up to the time of application, so conducted himself as to warrant the grant of such license, in which event the commission may, in its discretion, issue an order removing such ineligibility. The aforesaid period of five years shall be measured either from the date of payment of any fine imposed upon such person or the suspension of sentence or from the date of his unrevoked release from custody by parole, commutation or termination of his sentence;

(f)If, on or after July first, nineteen hundred fifty-three, the applicant has paid, given, caused to have been paid or given or offered to pay or give to any officer or employee of any carrier of freight by water any valuable consideration for an improper or unlawful purpose or to induce such person to procure the employment of the applicant by such carrier for the performance of stevedoring services;

(g)If, on or after July first, nineteen hundred fifty-three, the applicant has paid, given, caused to be paid or given or offered to pay or give to any officer or representative of a labor organization any valuable consideration for an improper or unlawful purpose or to induce such officer or representative to subordinate the interests of such labor organization or its members in the management of the affairs of such labor organization to the interests of the applicant. 4. When the application shall have been examined and such further inquiry and investigation made as the commission shall deem proper and when the commission shall be satisfied therefrom that the applicant possesses the qualifications and requirements prescribed in this article, the commission shall issue and deliver a license to such applicant. The commission may issue a temporary permit to any applicant for a license under the provisions of this article pending final action on an application made for such a license. Any such permit shall be valid for a period not in excess of thirty days. 5. A license granted pursuant to this article shall be for a term of two years or fraction of such two-year period, and shall expire on the first day of December of each odd numbered year. In the event of the 67 Stat. 549death of the licensee, if a natural person, or its termination or dissolution by reason of the death of a partner, if a partnership, or if the licensee shall cease to be a party to any contract of the type required by subdivision

(d)of section 3 of this article, the license shall terminate ninety days after such event or upon its expiration date, whichever shall be sooner. A license may be renewed by the commission for successive two-year periods upon fulfilling the same requirements as are set forth in this article for an original application. 6. Any license issued pursuant to this article may be revoked or suspended for such period as the commission deems in the public interest or the licensee thereunder may be reprimanded for any of the following offenses on the part of the licensee or of any person required by section 2 of this article to sign or be identified in an original application for a license:

(a)Conviction of a crime or other cause which would permit or require disqualification of the licensee from receiving a license upon original application;

(b)Fraud, deceit or misrepresentation in securing the license or in the conduct of the licensed activity;

(c)Failure by the licensee to maintain a complete set of books and records containing a true and accurate account of the licensee’s receipts and disbursements arising out of his activities within the Port of New York district;

(d)Failure to keep said books and records available during business hours for inspection by the commission and its duly designated representatives until the expiration of the fifth calendar year following the calendar year during which occurred the transactions recorded therein;

(e)Any other offense described in subdivisions

(c)to

(i)inclusive, of section 7 of Article V. Article VII prohibition of public loading 1. The States of New Jersey and New York hereby find and declare that the transfer of cargo to and from trucks at piers and other waterfront terminals in the port of New York district has resulted in vicious and notorious abuses by persons commonly known as “public loaders.” There is compelling evidence that such persons have exacted the payment of exorbitant charges for their services, real and alleged, and otherwise extorted large sums through force, threats of violence, unauthorized labor disturbances and other coercive activities, and that they have been responsible for and abetted criminal activities on the waterfront. These practices which have developed in the port of New York district impose unjustified costs on the handling of goods in and through the port of New York district, and increase the prices paid by consumers for food, fuel and other necessaries, and impair the economic stability of the port of New York district. It is the sense of the Legislatures of the States of New York and New Jersey that these practices and conditions must be eliminated to prevent grave injury to the welfare of the people. 2. It is hereby declared to be against the public policy of the States of New Jersey and New York and to be unlawful for any person to load or unload waterborne freight onto or from vehicles other than railroad cars at piers or at other waterfront, terminals ’within the port of New York district, for a fee or other compensation, other than the following persons and their employees:

(a)Carriers of freight by water, but only at piers at which their vessels are berthed; 67 Stat. 550

(b)Other carriers of freight (including but not limited to railroads and truckers), but only in connection with freight transported or to be transported by such carriers;

(c)Operators of piers or other water front terminals (including railroads, truck terminal operator’s, warehousemen and other persons), but only at piers or other waterfront terminals operated by them;

(d)Shippers or consignees of freight, but only in connection with freight shipped by such shipper or consigned to such consignee;

(e)Stevedores licenses under article VI, whether or not such waterborne freight has been or is to be transported by a carrier of freight by water with which such stevedore shall have a contract of the type prescribed by subdivision

(d)of section 3 of article VI. Nothing herein contained shall be deemed to permit any such loading or unloading of any waterborne freight at any place by any such person by means of any independent contractor, or any other agent other than an employee, unless such independent contractor is a person permitted by this article to load or unload such freight at such place in his own right. Article VIII longshoremen 1. The commission shall establish a longshoremen’s register in which shall lie included all qualified longshoremen eligible, as hereinafter provided, for employment as such in the Port, of New York district. On or after the first day of December, nineteen hundred fifty-three, no person shall act as a longshoreman within the Port of New York district unless at the time he is included in the longshoremen’s register, and no person shall employ another to work as a longshoreman within the Port of New York district unless at the time such other person is included in the longshoremen’s register. 2. Any person applying for inclusion in the longshoremen’s register shall file at such place and in such manner as the commission shall designate a written statement, signed and verified by such person, setting forth his full name, residence address, social security number, and such further facts and evidence as the commission may prescribe to establish the identity of such person and his criminal record, if any. 3. The commission may in its discretion deny application for inclusion in the longshoremen’s register by a person

(a)Who has been convicted by a court of the United States or any State or territory thereof, without subsequent pardon, of treason, murder, manslaughter or of any felony or high misdemeanor or of any of the misdemeanors or offenses described in subdivision

(b)of section 3 of Article V or of attempt or conspiracy to commit any of such crimes;

(b)Who knowingly or willingly advocates the desirability of overthrowing or destroying the government of the United States by force or violence or who shall be a member of a group which advocates such desirability knowing the purposes of such group includes such advocacy;

(c)Whose presence at the piers or other waterfront terminals in the Port of New York district is found by the commission on the basis of the facts and evidence before it, to constitute a danger to the public peace or safety. 4. Unless the commission shall determine to exclude the applicant from the longshoremen’s register on a ground set forth in section 3 of this article it shall include such person in the longshoremen’s register. The commission may permit temporary registration of any applicant under the provisions of this article pending final action 67 Stat. 551on an application made for such registration. Any such temporary registration shall be valid for a period not in excess of thirty days. 5. The commission shall have power to reprimand any longshoreman registered under this article or to remove him from the longshoremen’s register for such period of time as it deems in the public interest for any of the following offenses:

(a)Conviction of a crime or other cause which would permit disqualification of such person from inclusion in the longshoremen’s register upon original application;

(b)Fraud, deceit or misrepresentation in securing inclusion in the longshoremen’s register;

(c)Transfer or surrender of possession to any person either temporarily or permanently of any card or other means of identification issued by the commission as evidence of inclusion in the longshoremen’s register, without satisfactory explanation;

(d)False impersonation of another longshoreman registered under this article or of another person licensed under this compact;

(e)Wilful commission of or wilful attempt to commit at or on a waterfront, terminal or adjacent highway any act of physical injury to any other person or of wilful damage to or misappropriation of any other person’s property, unless justified or excused by law; and

(f)Any other offense described in subdivisions

(c)to

(f)inclusive of section 7 of Article V. 6. The commission shall have the right to recover possession of any card or other means of identification issued as evidence of inclusion in the longshoremen’s register in the event that the holder thereof has been removed from the longshoremen’s register. 7. Nothing contained in this article shall be construed to limit in any way any rights of labor reserved by Article XV. Article IX regularization of longshoremens employment 1. On or after the first day of December, one thousand nine hundred and fifty-four, the commission shall, at regular intervals, remove from the longshoremen’s register any person who shall have been registered for at least nine months and who shall have failed during the preceding six calendar months either to have worked as a longshoreman in the Port of New York district or to have applied for employment as a longshoreman at an employment information center established under article XII for such minimum number of days as shall have been established by the commission pursuant to section two of this article. 2. On or before the first day of June, one thousand nine hundred and fifty-four, and on or before each succeeding first day of June or December, the commission shall, for the purposes of section one of this article, establish for the six-month period beginning on each such date a minimum number of days and the distribution of such days during such period. 3. In establishing any such minimum number of days or period, the commission shall observe the following standards:

(a)To encourage as far as practicable the regulation of the employment of longshoremen;

(b)To bring the number of eligible longshoremen more closely into balance with the demand for longshoremen’s services within the Port of New York district without reducing the number of eligible longshoremen below that necessary to meet the requirements of longshoremen in the Port of New York district; 67 Stat. 552

(c)To eliminate oppressive and evil hiring practices affecting longshoremen and waterborne commerce in the Port of New York district;

(d)To eliminate unlawful practices injurious to waterfront labor; and

(e)To establish hiring practices and conditions which will permit the termination of governmental regulation and intervention at the earliest opportunity. 4. A longshoreman who has been removed from the longshoremen’s register pursuant to this article may seek reinstatement upon fulfilling the same requirements as for initial inclusion in the longshoremen’s register, but not before the expiration of one year from the date of removal, except that immediate reinstatement shall be made upon proper showing that the registrant’s failure to work or apply for work the minimum number of days above described was caused by the fact that the registrant was engaged in the military service of the United States or was incapacitated by ill health, physical injury, or other good cause. 5. Notwithstanding any other provision of this article, the Commission shall at any time have the power to register longshoremen on a temporary basis to meet special or emergency needs. Article X port watchman 1. On or after the first day of December, nineteen hundred fifty-three, no person shall act as a port watchman within the Port of New York district without first having obtained a license from the Commission, and no person shall employ a port watchman who is not so licensed. 2. A license to act as a port watchman shall be issued only upon written application, duly verified, which shall state the following:

(a)The full name, residence, business address (if any), place and date of birth and social security number of the applicant;

(b)The present, and previous occupations of the applicant, including the places where he was employed and the names of his employers;

(c)The citizenship of the applicant and, if he is a naturalized citizen of the United States, the court and date of his naturalization; and

(d)Such further facts and evidence as may be required by the Commission to ascertain the character, integrity and identity of the applicant. 3. No such license shall be granted

(a)Unless the commission shall be satisfied that the applicant possesses good character and integrity;

(b)If the applicant has, without subsequent pardon, been convicted by a court of the United States or of any State or territory thereof of the commission of, or the attempt or conspiracy to commit, treason, murder, manslaughter or any felony or high misdemeanor or any of the misdemeanors or offenses described in subdivision

(b)of section 3 of Article V;

(c)Unless the applicant shall meet such reasonable standards of physical and mental fitness for the discharge of his duties as may from time to time be established by the commission;

(d)If the applicant shall be a member of any labor organization which represents longshoremen or pier superintendents or hiring agents; but nothing in this Article shall be deemed to prohibit port watchmen from being represented by a labor organization or organiza-67 Stat. 553tions which do not also represent longshoremen or pier superintendents or hiring agents. The American Federation of Labor, the Congress of Industrial Organizations and any other similar federation, congress or other organization of national or international occupational or industrial labor organizations shall not be considered an organization which represents longshoremen or pier superintendents or hiring agents within the meaning of this section although one of the federated or constituent labor organizations thereof may represent longshoremen or pier superintendents or hiring agents.

(e)If the applicant knowingly or wilfully advocates the desirability of overthrowing or destroying the government of the United States by force or violence or shall be a member of a group which advocates such desirability, knowing the purposes of such group include such advocacy. 4. When the application shall have been examined and such further inquiry and investigation made as the commission shall deem proper and when the commission shall be satisfied therefrom that the applicant possesses the qualifications and requirements prescribed by this article and regulations issued pursuant thereto, the commission shah issue and deliver a license to the applicant. The commission may issue a temporary permit to any applicant for a license under the provisions of this article pending final action on an application made for such a license. Any such permit shall be valid for a period not in excess of thirty days. 5. A license granted pursuant to this article shall continue for a term of three years. A license may be renewed by the commission for successive three-year periods upon fulfilling the same requirements as are set forth in this article for an original application. 6. Any license issued pursuant to this article may be revoked or suspended for such period as the commission deems in the public interest or the licensee thereunder may be reprimanded for any of the following offenses:

(a)Conviction of a crime or other cause which would permit or require his disqualification from receiving a license upon original application;

(b)Fraud, deceit or misrepresentation in securing the license; and

(c)Any other offense described in subdivisions

(c)to (i), inclusive, of section 7 of article V. Article XI hearings, determinations and review 1. The Commission shall not deny any application for a license or registration without giving the applicant or prospective licensee reasonable prior notice and an opportunity to be heard. 2. Any application for a license or for inclusion in the longshoremen’s register, and any license issued or registration made, may be denied, revoked, cancelled, suspended as the case may be, only in the manner prescribed in this article. 3. The commission may on its own initiative or on complaint of any person, including any public official or agency, institute proceedings to revoke, cancel or suspend any license or registration after a hearing at which the licensee or registrant and any person making such complaint shall be given an opportunity to be heard, provided that any order of the commission revoking, cancelling or suspending any license or registration shall not become effective until fifteen days subsequent to the serving of notice thereof upon the licensee or registrant unless in the opinion of the commission the continuance of the license or registration for such period would be inimicable to the public 67 Stat. 554peace or safety. Such hearing shall be held in such manner and upon such notice as may be prescribed by the rules of the commission, but such notice shall be of not less than ten days and shall state the nature of the complaint. 4. Pending the determination of such hearing pursuant to section 3 the commission may temporarily suspend a license or registration if in the opinion of the commission the continuance of the license or registration for such period is inimitable to the public peace or safety. 5. The commission, or such member, officer, employee or agent of the commission as may be designated by the commission for such purpose, shall have the power to issue subpoenas throughout both States to compel the attendance of witnesses and the giving of testimony or production of other evidence and to administer oaths in connection with any such hearing. It shall be the duty of the Commission or of any such member, officer, employee or agent of the commission designated by the commission for such purpose to issue subpoenas at the request of and upon behalf of the licensee, registrant or applicant. The commission or such person conducting the hearing shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure in the conduct of such hearing. 6. Upon the conclusion of the hearing, the commission shall take such action upon such findings and determination as it deems proper and shall execute an order carrying such findings into effect. The action in the case of an application for a license or registration shall be the granting or denial thereof. The action in the case of a licensee shall be revocation of the license or suspension thereof for a fixed period or reprimand or a.dismissal of the charges. The action in the case of a registered longshoreman shall be dismissal of the charges, reprimand or removal from the longshoremen’s register for a fixed period or permanently. 7. The action of the commission in denying any application for a license or in refusing to include any person in the longshoremen’s register under this compact or in suspending or revoking such license or removing any person from the longshoremen’s register or in reprimanding a licensee or registrant shall be subject to judicial review by a proceeding instituted in either State at the instance of the applicant, licensee or registrant in the manner provided by the law of such State for review of the final decision or action of administrative agencies of such State; *Provided, however*, that notwithstanding any other provision of law the court shall have power to stay for not more than thirty days an order of the commission suspending or revoking a license or removing a longshoreman from the longshoremen’s register. Article XII employment information centers 1. The States of New Jersey and New York hereby find and declare that the method of employment of longshoremen and port watchmen in the Port of New York district, commonly known as the “shape-up,” has resulted in vicious and notorious abuses, of which such employees have been the principal victims. There is compelling evidence that the “shape-up” has permitted and encouraged extortion from employees as the price of securing or retaining employment and has subjected such employees to threats of violence, unwilling joinder in unauthorized labor disturbances and criminal activities on the waterfront. The “shape-up” has thus resulted in a loss of fundamental rights and liberties of labor, has impaired the economic stability of the Port of New York district and weakened law enforcement therein. It is the sense of the Legislatures of the States of New Jersey and New 67 Stat. 555York that, these practices and conditions must be eliminated to prevent grave injury to the welfare of waterfront laborers and to the people at large and that the elimination of the “shape-up” and the establishment of a system of employment information centers are necessary to a solution of these public problems. 2. The commission shall establish and maintain one or more employment information centers in each State within the Port of New York district at such locations as it may determine. No person shall, directly or indirectly, hire any person for work as a longshoreman or port watchman within the Port of New York district, except through such particular employment information center or centers as may be prescribed by the commission. No person shall accept any employment as a longshoreman or port watchman within the Port of New York district, except, through such an employment, information center. At. each such employment information center the commission shall keep and exhibit the longshoremen’s register and any other records it shall determine to the end that longshoremen and port watchmen shall have the maximum information as to available employment as such at any time within the Port of New York district and to the end that employers shall have an adequate opportunity to fill their requirements of registered longshoremen and port watchmen at all times. 3. Every employer of longshoremen or port watchmen within the Port of New York district shall furnish such information as may be required by the rules and regulations prescribed by the commission with regard to the name of each person hired as a longshoreman or port watchman, the time and place of hiring, the time, place and hours of work, and the compensation therefor. 4. All wage payments to longshoremen or port watchmen for work as such shall be made by check or cash evidenced by a written voucher receipted by the person to whom such cash is paid. The commission may arrange for the provision of facilities for cashing such checks. Article XIII expenses of administration 1. By concurrent legislation enacted by their respective Legislatures, the two States may provide from time to time for meeting the commission’s expenses. Until other provision shall be made, such expense shall be met as authorized in this article. 2. The commission shall annually adopt a budget of its expenses for each year. Each budget shall be submitted to the Governors of the two States and shall take effect as submitted-; *Provided*, that either Governor may within thirty days disapprove or reduce any item or items, and the budget shall be adjusted accordingly. 3. After taking into account such funds as may be available to it from reserves, Federal grants or otherwise, the balance of the Commission’s budgeted expenses shall be assessed upon employers of persons registered or licensed under this compact. Each such employer shall pay to the commission an assessment computed upon the gross payroll payments made by such employer to longshoremen, pier superintendents, hiring agents and port watchmen for work or labor performed within the port of New York district, at a rate, not in excess of two per cent, computed by the commission in the following manner; the commission shall annually estimate the gross payroll payments to be made by employers subject to assessment and shall compute a rate thereon which will yield revenues sufficient to finance the commission’s budget for each year. Such budget may include a reasonable amount for a reserve but such amount shall not exceed ten per cent of the total of all other items of expenditure contained 67 Stat. 556therein. Such reserve shall be used for the stabilization of annual assessments, the payment of operating deficits and for the repayment of advances made by the two States. 4. The amount required to balance the commission’s budget, in excess of the estimated yield of the maximum assessment, shall be certified by the commission, with the approval of the respective Governors, to the Legislatures of the two States, in proportion to the gross annual wage payments made to longshoremen for work in each State within the port of New York district. The Legislatures shall annually appropriate to the commission the amount so certified. 5. The commission may provide by regulation for the collection and auditing of assessments. Such assessments hereunder shall be payable pursuant to such provisions for administration, collection and enforcement as the States may provide by concurrent legislation. In addition to any other sanction provided by law, the commission may revoke or suspend any license held by any person under this compact, or his privilege of employing persons registered or licensed hereunder, for nonpayment of any assessment when due. 6. The assessment hereunder shall be in lieu of any other charge for the issuance of licenses to stevedores, pier superintendents, luring agents and port watchmen or for the registration of longshoremen or use of an employment information center. The commission shall establish reasonable procedures for the consideration of protests by affected employees concerning the estimates and computation of the rate of assessment. Article XIV general violations; prosecutions; penalties 1. The failure of any witness, when duly subpoenaed to attend, give testimony or produce other evidence, whether or not at a hearing, shall be punishable by the Superior Court in New Jersey and the Supreme Court in New York in the same manner as said failure is punishable by such court in a case therein pending. 2. Any person who, having been sworn or affirmed as a witness in any such hearing, shall wilfully give false testimony or who shall wilfully make or file any false or fraudulent report or statement required by this compact to be made or filed under oath, shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than one year or both. 3. Any person who violates or attempts or conspires to violate any other provision of this compact shall be punishable as may be provided by the two States by action of the Legislature of either State concurred in by the Legislature of the other. 4. Any person who interferes with or impedes the orderly registration of longshoremen pursuant to this compact or who conspires to or attempts to interfere with or impede such registration shall be punishable as may be provided by the two States by action of the Legislature of either State concurred in by the Legislature of the other. 5. Any person who directly or indirectly inflicts or threatens to inflict any injury, damage, harm or loss or in any other manner practices intimidation upon or against any person in order to induce or compel such person or any other person to refrain from registering pursuant to this compact shall be punishable as may be provided by the two States by action of the Legislature of either State concurred in by the Legislature of the other. 6. In any prosecution under this compact, it shall be sufficient to prove only a single act (or a single holding out. or attempt) prohibited by law, without having to prove a general course of conduct, in order to prove a violation. 67 Stat. 557 Article XV collective bargaining safeguarded 1. This compact is not designed and shall not be construed to limit in any way any rights granted or derived from any other statute or any rule of law for employees to organize in labor organizations, to bargain collectively and to act in any other way individually, collectively, and through labor organizations or other representatives of their own choosing. Without limiting the generality of the foregoing, nothing contained in this compact shall be construed to limit in any way the right of employees to strike. 2. This compact is not designed and shall not be construed to limit in any way any rights of longshoremen, hiring agents, pier superintendents or port watchmen or their employers to bargain collectively and agree upon any method for the selection of such employees by way of seniority, experience, regular gangs or otherwise; *Provided*, that such employees shall be licensed or registered hereunder and such longshoremen and port watchmen shall be hired only through the employment information centers established hereunder and that all other provisions of this compact be observed. Article XVI amendments; construction; short title 1. Amendments and supplements to this compact to implement the purposes thereof may be adopted by the action of the Legislature of either State concurred in by the Legislature of the other, 2. If any part or provision of this compact or the application thereof to any person or circumstances be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this compact or the application thereof to other persons or circumstances and the two States hereby declare that they would have entered into this compact or the remainder thereof had the invalidity of such provision or application thereof been apparent. 3. In accordance with the ordinary rules for construction of interstate compacts this compact shall be liberally construed to eliminate the evils described therein and to effectuate the purposes thereof. 4. This compact shall be known and may be cited as the “WaterfrontShort title. Commission Compact.” Sec. 2. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved August 12, 1953. Public Law 253: To amend the mineral leasing laws with respect to their application in the case of pipelines passing through the public domain. Public Law 253 Public Law 253 67 Stat. 557 1953-08-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-01-14 83 1 public Public Law 253 chapter 408 AN ACT To amend the mineral leasing laws with respect to their application in the case of pipelines passing through the public domain.August 12, 1953 [[S. 2220](/us/bill/83/s/2220)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Natural gas pipelines. Rights-of-way. That section 28 of the Act entitled “An Act to promote the mining of coal, phosphate, oil, oil shale, gas, and sodium on the public domain”, approved February 67 Stat. 558 25, 1920, as amended (30 U. S. C., sec. 185), is amended by inserting[49 Stat. 678](/us/stat/49/678). after “*Provided*,” the following: “That the common carrier provisions of this section shall not apply to any natural gas pipeline operated by [52 Stat. 821](/us/stat/52/821). [15 USC 7l7w](/us/usc/t15/s7l7w).any person subject to regulation under the Natural Gas Act or by any public utility subject to regulation by a State or municipal regulatory agency having jurisdiction to regulate the rates and charges for the sale of natural gas to consumers within the State or municipality: *Provided further*,”. Approved August 12, 1953. Public Law 254: To provide for distribution of moneys of deceased restricted members of the Five Civilized Tribes not exceeding $500, and for other purposes. Public Law 254 Public Law 254 67 Stat. 558 1953-08-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-01-14 83 1 public Public Law 254 chapter 409 AN ACT To provide for distribution of moneys of deceased restricted members of the Five Civilized Tribes not exceeding $500, and for other purposes.August 12, 1953 [[H. R. 1383](/us/bill/83/hr/1383)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Five Civilized Tribes, Okla. Payment to heirs, etc. That the Secretary of the Interior is hereby granted authority to disburse to the heirs or legatees of deceased members of the Five Civilized Tribes any sum of money on deposit to the credit of such deceased Indian or Indians, not exceeding $500, where said decedent died seized of no lands or the lands have since been lawfully alienated. Said funds shall be disbursed on proof of death and heirship or bequest satisfactory to the Secretary of the Interior and his finding thereon shall be final and conclusive: *Provided*, That such transfer of funds so disbursed shall not be taxable. Sec. 2. The first sentence of subsection

(e)of section 6 of the Act[61 Stat. 733](/us/stat/61/733). [25 USC 355 note](/us/usc/t25/s355). of August 4, 1947 (61 Stat. 731), is hereby amended to read as follows: “On or before the 1st day of January of each year the Secretary of the Interior shall cause to be filed with the county treasurer of each county in the State of Oklahoma where restricted lands of members of the Five Civilized Tribes are situated a list of the nontaxable lands that have been sold during the preceding year.” Approved August 12, 1953. Public Law 255: To extend for a period of five years the authority of the Secretary of Agriculture to make loans to fur farmers. Public Law 255 Public Law 255 67 Stat. 558 1953-08-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-01-14 83 1 public Public Law 255 chapter 425 AN ACT To extend for a period of five years the authority of the Secretary of Agriculture to make loans to fur farmers.August 13, 1953 [[S. 1152](/us/bill/83/s/1152)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,For farmers. Loans. That the authority of the Secretary of Agriculture under section 1

(1)of the Act of April 6, 1949 (63 Stat. 43; 12 U. S. C. 1148a–l) to make loans to bona fide fur farmers in accordance with the last proviso in the paragraph headed “Regional Agricultural Credit Corporation” in title II of the Government Corporations Appropriation Act, 1949 (62 Stat. 1192), is hereby extended for the five-year period ending on June 30, 1958, for the purpose only of making necessary supplementary advances to fur farmers now indebted for loans made under the foregoing authority. Approved August 13, 1953. Public Law 256: To create a committee to study and evaluate public and private experiments in weather modification. Public Law 256 Public Law 256 67 Stat. 559 1953-08-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-01-14 83 1 public

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