(a) Any employer may, in accordance with sections 7.29 through 7.40 of this Part, inclusive, file lists on commission forms designating the pier or waterfront terminal for such list, for:

1. (1) regular checkers and clerks, terminal labor, drivers, coopers, marine carpenters, maintenance men and other classifications of regular employees and supervisory employees; and
2. (2) regular and regular-extra gangs.

(b) An employer may employ persons as supervisory employees only if such persons are first made part of a regular supervisory employee list. No person shall be added to a regular supervisory employee list unless:

1. (1) the selecting employer submits in writing to the commission a detailed, reasonable basis for the employer's belief that the selected employee best exhibits the capability to lead, manage and/or supervise other employees, which shall be the employer's independent determination, not based solely or primarily on the consultation with and/or input of the affected local, the International Longshoremen's Association, and/or any other affected labor organization representing longshoremen for the purposes of collective bargaining; and
2. (2) the selecting employer certifies that the employer's selection of the person as a supervisory employee was based on the employer's independent determination, not based solely or primarily on the consultation with and/or input of the affected local, the International Longshoremen's Association, and/or any other affected labor organization representing longshoremen for the purposes of collective bargaining, and that the employer has not received any benefit and/or consideration from any person for the purpose of directly or indirectly influencing the employer's selection of the supervisory employee.