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NY SHIPPING ASS'N v. WATERFRONT COM'N OF NY

Nos. 14-3956, 14-3957, 14-3958, 14-4278, 14-4279, 14-4422.

835 F.3d 344 (2016)

NEW YORK SHIPPING ASSOCIATION INC, on behalf of its members; Metropolitan Marine Maintenance Contractors' Association, Inc., on behalf of its members; International Longshoremen's Association AFL-CIO, on behalf of its members and affiliated locals in the Port of New York and New Jersey; Local 1804-1, International Longshoremens Association, AFL-CIO; Local 1814, International Longshoremen's Association, AFL-CIO, on behalf of its members v. WATERFRONT COMMISSION OF NEW YORK HARBOR New York Shipping Association Inc., Appellant in 14-3956 New York Shipping Association Inc, on behalf of its members; Metropolitan Marine Maintenance Contractors Association, Inc. on behalf of its members; International Longshoremens Association AFL-CIO, On behalf of its members and affiliated locals in the Port of New York and New Jersey; Local 1804-1, International Longshoremen's Association, AFL-CIO; Local 1814, International Longshoremen's Association, AFL-CIO v. Waterfront Commission of New York Harbor International Longshoremen's Association, AFL-CIO, Local 1804-1, International Longshoremen's Association, AFL-CIO, Local 1814, International Longshoremen's Association, AFL-CIO, Appellants in 14-3957. New York Shipping Association Inc, on behalf of its members; Metropolitan Marine Maintenance Contractors' Association, on behalf of its members; International Longshoremens Association AFL-CIO, on behalf of its members and affiliated locals in the Port of New York and New Jersey; Local 1804-1, International Longshoremen's Association, AFL-CIO; Local 1814, International Longshoremen's Association, AFL-CIO, on behalf of its members v. Waterfront Commission of New York Harbor Metropolitan Marine Maintenance Contractors' Association, Inc., Appellant in 14-3958 New York Shipping Association Inc, on behalf of its members; Metropolitan Marine Maintenance Contractors Association, on behalf of its members; International Longshoremens Association AFL-CIO, on behalf of its members; International Longshoremens Association Local 1804-1, on behalf of its members; International Longshoremens Association 1814, on behalf of its members v. Waterfront Commission of New York Harbor New York Shipping Association, Inc., Appellant in 14-4278 New York Shipping Association Inc, on behalf of its members; Metropolitan Marine Maintenance Contractors Association, on behalf of its members;International Longshoremens Association 1814, on behalf of its members; International Longshoremens Association Local 1804-1, on behalf of its members; International Longshoremens Association AFL-CIO, on behalf of its members v. Waterfront Commission of New York Harbor International Longshoremen's Association, AFL-CIO; International Longshoremen's Association 1814, International Longshoremen's Association 1804-1; Appellants in 14-4279 New York Shipping Association Inc, on behalf of its members; International Longshoremens Association 1814, on behalf of its members; International Longshoremens Association AFL-CIO, on behalf of its members; International Longshoremens Association Local 1804-1, on behalf of its members; Metropolitan Marine Maintenance Contractors Association, on behalf of its members v. Waterfront Commission of New York Harbor Metropolitan Marine Maintenance Contractors Association Inc., Appellant in 14-4422

United States Court of Appeals, Third Circuit.

Filed: August 30, 2016.

Attorney(s) appearing for the Case

James R. Campbell, Jr., Esq. , Donato Caruso, Esq. [Argued], The Lambos Firm, 303 South Broadway, Suite 410, Tarrytown, NY 10591 Counsel for Appellant New York Shipping Association, Inc.

Kevin J. Marrinan, Esq. [Argued], John P. Sheridan, Esq. , Marrinan & Mazzola Mardon, 26 Broadway, 17th Floor, New York, NY 10004 Counsel for Appellants International Longshoremen's Association AFL-CIO, International Longshoremen's Association AFL-CIO Local 1804-1, and International Longshoremen's Association AFL-CIO Local 1814.

Peter O. Hughes, Esq. [Argued], Ogletree, Deakins, Nash, Smoak & Stewart, 10 Madison Avenue, Suite 400, Morristown, NJ 07960 Counsel for Appellant Metropolitan Marine Maintenance Contractors Association.

Phoebe S. Sorial, Esq. [Argued], Waterfront Commission of New York Harbor, 39 Broadway, 4th Floor, New York, NY 10006 Counsel for Appellee Waterfront Commission of New York Harbor.

BEFORE: FUENTES, NYGAARD, and ROTH, Circuit Judges.

OPINION OF THE COURT

The District Court ruled that the Appellee, Waterfront Commission of New York Harbor (Commission or Waterfront Commission),1 was within its statutory authority to require shipping companies and other employers to certify that prospective employees had been referred...

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