S-4955.2  _______________________________________________

                    SENATE JOINT MEMORIAL 8032

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By Senators Erwin, Moore, Amondson, Prentice and Deccio

Read first time 02/10/94.  Referred to Committee on Labor & Commerce.

Concerning work done by foreign longshore workers in the United States.

    TO THE HONORABLE BILL CLINTON, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED, AND TO THE HONORABLE WARREN CHRISTOPHER, SECRETARY OF STATE:

    We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:

    WHEREAS, Longshore workers perform valuable services and play an integral role in the economy of the State of Washington; and

    WHEREAS, Foreign owned vessels calling on ports in the State of Washington are using their own crews to perform longshore work rather than employing longshore workers from our state; and

    WHEREAS, The Congress of the United States passed Section 258 of the Immigration and Naturalization Act of 1990 in order to limit foreign crews from performing longshore work in the United States, with few and narrow exceptions; and

    WHEREAS, The Secretary of State has narrowly and incorrectly interpreted the reciprocity exception contained in Section 258(d) of this Act to allow foreign crews to perform longshore work so long as the government of the vessel's country of origin does not sanction or impose restrictions on American longshore workers; and

    WHEREAS, This interpretation allows foreign crews to perform longshore work in the United States at the expense of American workers, while their vessel's country of origin discriminates against American workers in practice; and

    WHEREAS, This interpretation usurps jobs from longshore workers in the State of Washington; and

    WHEREAS, Numerous members of Congress have protested to the State Department that its interpretation of the reciprocity provision violates the intent of Congress, but the State Department has not changed its interpretation;

    NOW, THEREFORE, Your Memorialists respectfully pray that the Congress of the United States amend the reciprocity exception contained in Section 258(d) of the Immigration and Naturalization Act of 1990 to clarify that, regardless of whether a foreign government actively prevents Americans from performing longshore work, if a discriminatory practice exists then the United States will not grant reciprocity to that country.

    BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable Bill Clinton, President of the United States, the Honorable Warren Christopher, Secretary of State, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington.

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