“While I am not unsympathetic to the merits of the bill, I am advised that federal law does not permit one state to unilaterally withdraw from a bi-state compact approved by Congress,” Christie said. “As a result, it is premature for New Jersey to contemplate withdrawing from the Waterfront Commission until New York considers similar legislation.”
The bill had passed unanimously in both chambers of the New Jersey Legislature.
“Given this concrete constitutional hurdle, I am recommending this bill be amended to direct the Waterfront Commission to promulgate regulations substantially similar to the jurisdictional definitions proposed by this bill,” he added.
This is an apparent reference to efforts by legislators to limit the commission’s regulation of warehouse near the docks.
“Through this regulatory reform, the Waterfront Commission would expeditiously address one of the major goals of the bill, affording companies doing business in the port region increased regulatory clarity and predictability,” said Christie.
Walter M. Arsenault, the executive director of the Waterfront Commission said there were two groups supporting the bill – the New York Shipping Association and International Longshoremen’s Association, and the commercial real estate industry.
Arsenault said, “This legislation was just one more desperate attempt by the ILA and NYSA to attack the Waterfront Commission’s efforts to drive out the influence of organized crime from the port, and to ensure that hiring on the waterfront is done in a fair and non-discriminatory manner. Now that all of their lawsuits against us have been dismissed, their last hope was to try to abolish the agency. Today’s veto is a significant victory for the Commission and, more importantly, for the Port.”
With regard to the commercial real estate industry, he said, “The Commission agrees with the Governor that modernization is critical, and that there is a need for clarification as to the exercise of its jurisdiction, and for the adoption of fair and equitable regulations to ensure that the operations of the commercial real estate industry are not adversely impacted by the Commission’s activities. We have been working closely with the commercial real estate industry to develop and propose regulatory amendments that will address their concerns regarding the scope of the Commission’s jurisdiction and the applicability of the Waterfront Commission Act to their members.”
New York Shipping Association President John Nardi said his organization was pleased with Christie’s recognition of “the need to modernize the Waterfront Commission.”
He said the NYSA “is of the opinion that the State of New Jersey is not precluded from unilaterally withdrawing from the Compact and moving the responsibilities of the Waterfront Commission to the New Jersey State Police. Such a modernizing change in oversight would be in the best interest of New Jersey and the Port as a whole.”
Dennis Daggett, the president of the ILA’s Atlantic Coast District said he was “extremely disappointed” with Christie’s veto.
“We made it this far with not one public official voting ‘NO,’ and the Governor decides to do a conditional veto on the very last day,” he said.
Daggett added Christie’s action was “unprecedented” and said, “if he (Christie) really cared about the State of New Jersey, the people of New Jersey, and creating over 10,000 jobs then he would’ve stood next to the business community and the working class and did the right thing!
“I will tell you this, the war is far from over!! We will not stop until we, the ILA, are Free from this Police State!!” said Daggett.
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