October 29, 2009

Court Rules Removal of ILA Atlantic Coast District VP John Shade was Proper

 

            On October 29, 2009, New York County Supreme Court Judge Nicholas Figueroa ruled in favor of the Commission, in an Article 78 proceeding.  John Shade had challenged an action taken by the Commission which prompted the loss of Shade’s position as General Vice President of the Atlantic Coast District (the ACD) of the International Longshoremen’s Association (the ILA) and prevents him from holding any ACD office.

            The ACD is a labor organization, chartered by the ILA, which has jurisdiction over every port north of Cape Hatteras.  John Shade was a Vice President and the General Vice president of the ACD, until he was removed from office on May 6, 2009.  

            Part III of the Waterfront Commission Act contains Section 8 (N.Y. Unconsol. Laws section 9933), which prohibits any person who has been convicted of a felony, high misdemeanor or misdemeanor of moral turpitude from serving as an officer, agent, or employee of any union which represents employees licensed by the Commission.

            Shade sustained at least five disqualifying convictions, several of which were for conducting illegal gambling businesses and illegal lotteries.  One of his federal felony convictions was for conspiracy, in a case where the underlying charges involved racketeering.

            The Commission argued that officials of the International ILA and the ACD hold positions that have substantial power to affect labor relations on the New York/New Jersey waterfront.  The Court agreed with the Commission’s contention and rejected Shade’s claim that an ACD vice president for an area such as Baltimore is beyond the Commission’s jurisdiction. 

 

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NY State Supreme Court Ruling in John Shade Case:

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