Diversity on the Docks: NJ/NY Port Regulators Score Big Court Victory Over Unions

Regulators at the Ports of New York and New Jersey scored a big victory over local dockworker unions on Tuesday when a federal appeals court refused to overturn a legal challenge questioning their authority to implement “anti-discrimination” measures in the area.

The ruling may end a three-year-long legal battle between the Waterfront Commission of New York Harbor and unions represented by the New York Shipping Association, who charge that regulators don’t have the authority to interfere in their hiring practices.

The New York Shipping Association represents the International Longshoremen's Association (ILA) and the Metropolitan Marine Maintenance Contractors Association, both plaintiffs in the 2013 lawsuit that spawned the long-running legal fight and brought port hiring in the New Jersey/New York City area to a near-standstill.

Siding with state regulators on Tuesday, the federal appeals court ruled that a dual-state agreement that created the Waterfront Commission in 1953 gives it the power to investigate and remedy racial discrimination at the ports under its dominion.

A district court had also sided with the Waterfront Commission, ruling that the agency has the right to require shipping companies and other port employers to certify that prospective employees are hired according to federal and state anti-discrimination policies.

“We have held that collective bargaining rights cannot supersede the commission’s supervisory role regarding practices that might lead to corruption,” the federal appeals court stated.

The implications for the ruling may affect thousands of workers in the area. In February, the Port Authority of NY/NJ announced that the ports under its dominion – collectively the largest on the East coast – saw a record-setting cargo volume in 2015. Currently, the ports generate 336,600 full-time jobs in the region, an increase of 13 percent over 2012, according to a recent study by the New York Shipping Association.

• See related article: Newark Mayor To Feds: Port's Labor Unions Are 'Segregated'

ALLEGED RACIAL ‘SEGREGATION’

According to civil rights activists in the Newark area, the alleged racial discrimination among dockworkers is severe. In July, activists and city officials held their second major protest in a year at Port Newark, conducting a motorcade through one of the busiest ports in the nation.

“International Longshoremen's Association Locals 1 and 1804-1 both have fewer than six percent black members and under 13 percent Hispanic members,” the Newark Mayor’s Office stated in a news release about the protest. “Local 1233 has close to 600 active registrants and less than one percent black. Local 1804-1 has more than 1,300 members and only 40 are black.”

In addition to the alleged racial disparities, none of the members are women, activists claimed.

• See related article: Port Newark Protest Jams Traffic: Activists Slam Racial, Gender ‘Segregation’

Supporters of hiring reform at Port Newark have included the Newark Municipal Council, Deputy Mayor of Workforce Development and Employment Rahaman Muhammad, Manager of Port Activities for the City of Newark Al Turrick Kenney and several community partners including the clergy, the Newark Branch of the NAACP, the New Jersey Institute for Social Justice, the Newark Anti-Violence Coalition, YDI Youth Build and the People's Organization for Progress.

‘A MORE DIVERSE WORKFORCE’

According to the New York Shipping Association (NYSA), which negotiates the collective bargaining agreement on behalf of ILA members and the port’s police and guard unions, activists’ accusations of racial discrimination are way off base.

“In recent years, the NYSA has made great strides in assembling a more diverse workforce, particularly with regards to veterans, minorities and women,” the group stated in a July news release.

“The establishment of a new and innovative hiring plan, in collaboration with the ILA, has brought about a more diverse and skilled port workforce. Since 2014, over 60 percent of all newly hired workers have identified as minorities, with African-Americans and Hispanics making up 34 percent and 20.5 percent of new hires, respectively. In comparison, on January 1, 2012, the workforce diversity for these two minority groups were 21.2 percent and 13.1 percent, respectively.”

NYSA officials continued:

“Overall, we have seen promising increases in the Port of New York and New Jersey’s workforce diversity. As of April 2016, African-American and Hispanic workers now make up 24.6 percent and 14.2 percent of the workforce, respectively, with an increase of four and one percentage points compared to the port’s workforce in 2012. This increase has occurred after just two years of the implementation of the hiring plan.”

Caption: Protesters gather at Port Newark in May

Photo: City of Newark Press Office

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