Page:United States Statutes at Large Volume 104 Part 6.djvu/625
PUBLIC LAW 101-649—NOV. 29, 1990 104 STAT. 5015 SEC. 203. LIMITATIONS ON PERFORMANCE OF LONGSHORE WORK BY Maritime ALIEN CREWMEN (1) NONIMMIGRANTS). carriers. (a) LIMITATION ON AUENS. — (1) IN GENERAL.—Chapter 6 of title II is amended by adding at the end the following new section: "L I MI T AT IONS ON PERFORMANCE OF LONGSHORE WORK BY ALIEN CREWMEN " SEC. 258. (a) IN GENERAL.— For purposes of section 101(a)(15XDXi), ^ use 1288. the term 'normal operation and service on board a vessel' does not include any activity that is longshore work (as defined in subsection (b)), except as provided under subsection (c) or subsection (d). " (b) LONGSHORE WORK DEFINED.— "(1) IN GENERAL.— In this section, except as provided in paragraph (2), the term 'longshore work' means any activity relating to the loading or unloading of cargo, the operation of cargorelated equipment (whether or not integral to the vessel), and the handling of mooring lines on the dock when the vessel is made fast or let go, in the United States or the coastal waters thereof. " (2) EXCEPTION FOR SAFETY AND ENVIRONMENTAL PROTEC- TION.— The term 'longshore work' does not include the loading or unloading of any cargo for which the Secretary of Transportation has, under the authority contained in chapter 37 of title 46, United States Code (relating to Carriage of Liquid Bulk Dangerous Cargoes), section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321), section 4106 of the Oil Pollution Act of 1990, or section 105 or 106 of the Hazardous Materials Transportation Act (49 U.S.C. App. 1804, 1805) prescribed regulations which govern— "(A) the handling or stowage of such cargo, , "(B) the manning of vessels and the duties, qualifications, and training of the officers and crew of vessels carrying such cargo, and "(C) the reduction or elimination of discharge during ballasting, tank cleaning, handling of such cargo. "(3) CONSTRUCTION.—Nothing in this section shall be construed as broadening, limiting, or otherwise modifying the meaning or scope of longshore work for purposes of any other law, collective bargaining agreement, or international agreement. "(c) PREVAILING PRACTICE EXCEPTION. —(1) Subsection (a) shall not apply to a particular activity of longshore work in and about a local port if^ "(A)(i) there is in effect in the local port one or more collective bargaining Eigreements each covering at least 30 percent of the number of individuals employed in performing longshore work and (ii) each such agreement (covering such percentage of longshore workers) permits the activity to be performed by alien crewmen under the terms of such agreement; or "(B) there is no collective bargaining agreement in effect in the local port covering at least 30 percent of the number of individuals employed in performing longshore work, and an employer of alien crewmen (or the employer's designated agent or representative) has filed with the Secretary of Labor at least 14 days before the date of performance of the activity (or later.