PUBLIC LAW 103-206—DEC. 20, 1993 107 STAT. 2429 to be performed at that dock and only if the operator meets the requirements of section 32 of the Longshoremen's and Harbor Workers* Compensation Act (33 U.S.C. 932);
- (B) the employer will employ all those United States
longshore workers made available in response to the request made pursuant to subparagraph (A) who are qualified and available in sufficient numbers and who are needed to perform the longshore activity at the particular time and location; "(C) the use of alien crewmembers for such activity is not intended or designed to influence an election of a bargaining representative for workers in the State of Alaska; and "(D) notice of the attestation has been provided by the employer to— "(i) labor organizations which have been recognized as exclusive bargaining representatives of United States longshore workers within the meaning of the National Labor Relations Act and which make available or intend to make available workers to the particular location where the longshore work is to be performed, "(ii) contract stevedoring companies which employ or intend to employ United States longshore workers at that location, and "(iii) operators of private docks at which the employer will use longshore workers. "(2)(A) An employer filing an attestation under paragraph (1) who seeks to use alien crewmen to perform longshore work shall be responsible while at the attestation is valid to make bona fide requests for United States longshore workers under paragraph (1)(A) and to employ United States longshore workers, as provided in paragraph (I)(B), before using alien crewmen to perform the activity or activities specified in the attestation, except that an employer shall not be required to request longshore workers from a party if that party has notified the employer in writing that it does not intend to make available United States longshore workers to the location at which the longshore work is to be performed. "(B) If a party that has provided such notice subsequently notifies the employer in writing that it is prepared to make available United States longshore workers who are qualified and available in sufficient numbers to perform the longshore activity to the location at which the longshore work is to be performed, then the employer's obligations to that party under subparagraphs (A) and (B) of paragraph (1) shall begin 60 days following the issuance of such notice. "(3)(A) In no case shall an employer filing an attestation be required— "(i) to hire less than a full work unit of United States longshore workers needed to perform the longshore activity; "(ii) to provide overnight accommodations for the longshore workers while employed; or "(iii) to provide transportation to the place of work, except where— "(I) surface transportation is available; "(II) such transportation may be safely accomplished; "(III) travel time to the vessel does not exceed onehalf hour each way; and "(IV) travel distance to the vessel from the point of embarkation does not exceed 5 miles.