reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 1 - General Provisions › Section 1.21 - Probationary registrations and licenses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person whose application for a
				license has been denied or whose license has been revoked, or any person whose
				application for registration has been denied or whose registration has been
				revoked and who has never before submitted an application or petition to the
				commission seeking inclusion in the register after the final order of denial or
				revocation of registration by the commission, may, upon application to the
				commission, be granted leave to apply for a probationary registration or
				license. Any such person whose application for registration has been denied or
				whose registration has been revoked must file his application for a
				probationary registration within one year of the commission's final order of
				denial or revocation. (For the purposes of this section, petitions for
				rehearing or reconsideration made substantially contemporaneously with the
				commission's order of denial or revocation of registration shall not be
				considered as constituting a prior application or petition to the commission
				which seeks inclusion in the register.) Any person who is ineligible to apply
				for probationary registration pursuant to the foregoing provisions of this
				section may apply to the commission for the removal of his ineligibility so
				that such person would not be disqualified, because of his previous denial or
				revocation, from applying for registration upon the next occasion that the
				commission opens the register pursuant to section 5-p of the Act.
(b)
(1) Any
				person who has been granted such leave to apply for a probationary registration
				or license shall provide all the information required in the application for
				such status and shall complete said application pursuant to the instructions
				therein.
(2) Where any such
				applicant is recommended for probationary status by another person who is
				willing to act as his sponsor, such sponsor shall certify in the aforesaid
				application that he desires to sponsor the applicant, that he agrees to
				undertake the supervision of the applicant during such probationary period and
				that he shall use his best efforts to insure the applicant's compliance with
				the Waterfront Commission Act, the terms and conditions of the probation and
				all other laws.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 1 - General Provisions › Section 1.22 - Disposal of unclaimed personal property recovered by the commission

Current through Register Vol. 46, No. 28, July 10, 2024
The commission may authorize the disposal by sale to the
				  highest bidder or by charitable gift of any unclaimed personal property
				  recovered by personnel of the commission in the course of their duties which,
				  after a diligent investigation to ascertain the lawful owner thereof, shall
				  have remained in the custody of the commission for a period of not less than
				  three months. The commission shall cause any such personal property determined
				  to be contraband or otherwise illegal to be destroyed. A record of the disposal
				  of any such personal property shall be kept by the
				  commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 1 - General Provisions › Section 1.23 - Access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The records
				of the commission shall be made available for public inspection and copying,
				except that access may be denied as to records or portions thereof which:
(1) are specifically exempted from disclosure
				by State or Federal statute;
(2) if
				disclosed, would constitute an unwarranted invasion of personal
				privacy;
(3) if disclosed, would
				impair present or imminent contract awards or collective bargaining
				negotiations;
(4) are trade secrets
				or are submitted to the commission by a commercial enterprise or derived from
				information obtained from a commercial enterprise or are maintained for the
				regulation, supervision or licensing of commercial enterprise which, if
				disclosed, would cause substantial injury to the competitive position of the
				enterprise;
(5) are compiled for
				law enforcement or official investigatory purposes when their disclosure would
				interfere with law enforcement investigations or judicial, licensing,
				registration or disciplinary proceedings or hearings, or deprive a person of a
				right to a fair trial or hearing or impartial adjudication, or identify a
				confidential source or disclose confidential information relating to a
				criminal, licensing, registration or disciplinary investigation, or reveal
				criminal investigative techniques or procedures, except routine techniques and
				procedures;
(6) if disclosed, would
				endanger the life or safety of any person;
(7) are interagency or intraagency materials
				other than statistical or factual tabulations of data, instructions to the
				staff of the commission that affect the public, or final commission policy or
				determinations; or
(8) are
				examination questions or answers which are requested prior to the final
				administration of such questions; or
(9) are computer access codes.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 1 - General Provisions › Section 1.24 - Service of legal papers upon the commission

Current through Register Vol. 46, No. 28, July 10, 2024
All legal process and papers shall be served upon the
				  commission in New York at 39 Broadway, Fourth Floor, New York, NY 10006, and in
				  New Jersey at the commission's employment information center, 189 Corbin
				  Street, Port Newark, NJ 07114.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 2 - Pier Superintendents And Hiring Agents › Section 2.1 - Pier superintendents and hiring agents required to be licensed; employment of unlicensed pier superintendents and hiring agents prohibited

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall act as a pier superintendent or as a hiring
				  agent within the Port New York District without first having obtained from the
				  commission a license to act as such pier superintendent or hiring agent, as the
				  case may be, and no person shall employ or engage another person to act as a
				  pier superintendent or hiring agent who is not so licensed.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 2 - Pier Superintendents And Hiring Agents › Section 2.2 - Persons required to be licensed as pier superintendents and hiring agents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A person will
				be considered a pier superintendent whenever:
(1) his work is performed at a pier or other
				waterfront terminal and includes the supervision, directly or indirectly, of
				the work of registrants employed by his employer or any other person in the
				course of supervision of the pier or terminal or its cargo handling operations;
				and
(2) he is employed by a carrier
				of freight by water or a stevedore, either directly or indirectly through a
				subsidiary or parent corporation of, or a contractor with, either of
				them.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 2 - Pier Superintendents And Hiring Agents › Section 2.3 - Prospective employer to submit application

Current through Register Vol. 46, No. 28, July 10, 2024
A license to act as a pier superintendent or hiring agent
				  will be issued only upon a verified application submitted by the prospective
				  employer.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 2 - Pier Superintendents And Hiring Agents › Section 2.4 - Application to be accompanied by photograph and fingerprints

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of assisting the commission to ascertain the
				  character, integrity and identity of the prospective pier superintendent or
				  hiring agent, each application shall be accompanied by a photograph and the
				  authenticated fingerprints of the prospective licensee on an identification
				  record form furnished by the commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 2 - Pier Superintendents And Hiring Agents › Section 2.5 - Additional information to be furnished when required

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the information required by the application
				  form, the commission may require the applicant or the prospective licensee or
				  both to produce such further facts and evidence as may be necessary to
				  determine whether or not the prospective licensee possesses the qualifications
				  and meets the requirements necessary to obtain a license.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 2 - Pier Superintendents And Hiring Agents › Section 2.6 - Licensing for more than one employer at single pier; employment by one employer at several piers

Current through Register Vol. 46, No. 28, July 10, 2024
No person will be licensed as a pier superintendent or hiring
				  agent for more than one employer, except:
(a) at a single pier or waterfront terminal;
				or
(b) where the employers are
				licensed as stevedores pursuant to section
				3.2(a)(2) of this
				Title and are affiliated corporations with common officers and a common board
				of directors. A licensed pier superintendent or hiring agent may act for one
				employer at more than one pier or waterfront terminal, and a single application
				will be sufficient for this purpose.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 2 - Pier Superintendents And Hiring Agents › Section 2.7 - Issuance and delivery of license

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the approval of an application, the commission will
				  issue and deliver a license to the pier superintendent or hiring agent by
				  transmitting the license to the applicant (employer) who shall be authorized to
				  deliver it to the licensee upon the commencement of his
				  employment.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 2 - Pier Superintendents And Hiring Agents › Section 2.8 - Identification to be carried by licensee; identification to be returned to commission when required

Current through Register Vol. 46, No. 28, July 10, 2024
Any card, badge or other means of official identification
				  issued by the commission to any licensed pier superintendent or hiring agent
				  shall be carried by the licensee on his person at all times when he is at work
				  or at any pier or other waterfront terminal. Any such card, badge or other
				  means of official identification shall be returned to the commission promptly
				  upon request and when otherwise required by these
				  regulations.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 2 - Pier Superintendents And Hiring Agents › Section 2.9 - Participation by any person other than employer in identification or selection of pier superintendent, hiring agent or other person authorized to participate in hiring prohibited; employer prohibited from solicitation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person
				except the employer shall participate in any way, directly, or indirectly, in
				the identification, selection or designation of a person for employment as a
				pier superintendent, hiring agent or other person designated pursuant to
				section 7.44 of this Title. No person
				shall use, or attempt or threaten to use, any force, violence or restraint; or
				inflict or attempt or threaten to inflict any injury, damage, harm or loss; or
				coerce, or attempt to coerce, by threat or discrimination, violence or economic
				reprisal; or in any other way practice intimidation upon or against any
				employer in order to induce or compel said employer to select for or retain in
				employment any person as a pier superintendent, hiring agent or other person
				designated pursuant to section
				7.44 of this Title. No person
				shall prevent, attempt to prevent, or otherwise interfere with the free
				exercise of discretion by any employer in selecting for or retaining in
				employment any person as a pier superintendent, hiring agent or other person
				designated pursuant to section
				7.44 of this Title. No person
				shall pay or give, or offer or agree to pay or give any valuable consideration
				to any person for the purpose of directly or indirectly influencing the
				discretion of any employer in selecting for or retaining in employment any
				person as a pier superintendent, hiring agent or other person designated
				pursuant to section
				7.44 of this Title.
(b) No employer shall receive any benefit
				from any person for the purpose of directly or indirectly influencing the
				discretion of the employer in selecting for or retaining in employment any
				person as a pier superintendent, hiring agent or other person designated
				pursuant to section
				7.44 of this Title.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 2 - Pier Superintendents And Hiring Agents › Section 2.10 - Notification by employer of termination of licensee's employment and return of evidence of license

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the termination of the employment of a licensee, without
				  any understanding or arrangement for reemployment, or in the event of the
				  failure of the applicant (employer) to employ the licensee within 30 days after
				  issuance of the license, the applicant (employer) shall forthwith notify the
				  commission of such termination of employment or failure to employ and return to
				  the commission any license, badge or other evidence of issuance of a license in
				  its possession.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 2 - Pier Superintendents And Hiring Agents › Section 2.11 - Reports to be furnished by pier superintendents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every pier superintendent shall
				immediately report to the commission any theft or attempted theft.
(b) Every pier superintendent shall
				immediately supply the commission with a copy of the first report of accident
				concerning any longshoreman or checker who claims to have been injured:
(1) where the pier superintendent has reason
				to believe that the longshoreman or checker has made or may be making a false
				claim for compensation benefits; or
(2) where the longshoreman or checker does
				not work because of his claimed injuries for 14 days or more.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 2 - Pier Superintendents And Hiring Agents › Section 2.12 - Protection of cargo

Current through Register Vol. 46, No. 28, July 10, 2024
Every pier superintendent having overall charge or
				  supervision of the operations of the pier or other waterfront terminal who is
				  employed by a carrier of freight by water having the responsibility of
				  safeguarding waterborne freight shall cause all cargo on the pier or terminal
				  to be so protected from theft or pilferage as may be reasonably necessary and
				  appropriate for the particular cargo.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 2 - Pier Superintendents And Hiring Agents › Section 2.13 - Authorization to make a criminal complaint

Current through Register Vol. 46, No. 28, July 10, 2024
Every pier superintendent having overall charge or
				  supervision of the operations of the pier or other waterfront terminal who is
				  employed by a carrier of freight by water having the responsibility of
				  safeguarding waterborne freight shall furnish the commission with the name of
				  the person or persons in the employ of the carrier of freight by water
				  authorized by the carrier to make a criminal complaint in connection with cargo
				  stolen from the custody of the said carrier.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 2 - Pier Superintendents And Hiring Agents › Section 2.14 - Record of checkers assigned to motor vehicles

Current through Register Vol. 46, No. 28, July 10, 2024
Every pier superintendent having overall charge or
				  supervision of the operation of the pier or other waterfront terminal who is
				  employed by a carrier of freight by water having the responsibility of
				  safeguarding waterborne freight shall cause to be recorded on the appropriate
				  documents reflecting delivery or removal of cargo to or from the pier or
				  terminal by motor vehicle, the full names of all checkers assigned to such
				  vehicle.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 3 - Stevedores › Section 3.1 - Stevedores required to be licensed; employment of unlicensed stevedores prohibited

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall act as a stevedore within the Port of New
				  York District without having first obtained a license from the commission, and
				  no person shall employ a stevedore to perform services as such within the Port
				  of New York District unless the stevedore is so licensed.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 3 - Stevedores › Section 3.2 - Persons required to be licensed as stevedores; persons not required to be licensed as stevedores

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				stevedore license is required by any person (other than an employee) who is
				engaged under a contract or other arrangement with a carrier of freight by
				water or a licensed stevedore or, with respect to paragraphs (2) and (3) of
				this subdivision only, any person within the meaning of that term contained in
				part II, § 5-a(6)(c) of the Act (1969 amendments) (including a parent
				corporation or a subsidiary corporation of such carrier or licensed stevedore
				or "any person"):
(1) in the movement of
				waterborne freight carried or consigned for carriage by such carrier on vessels
				of such carrier berthed at piers, on piers at which such vessels are berthed or
				at other waterfront terminals, or to provide clerking and checking services in
				connection therewith; or
(2) to
				perform all or any part of labor or services incidental to the movement of
				waterborne freight on vessels berthed at piers, on piers or at other waterfront
				terminals (including marine terminals), including, but not limited to, cargo
				storage or warehousing, cargo repairing, marine carpentry, strapping, lashing,
				chocking, coopering; weighing; scaling, cargo inspection and sampling,
				maintenance, mechanical, container or equipment repair, crane maintenance and
				repair, tire repair, vehicle preparation, export packing, labeling, cleaning
				and maintenance services, horse and cattle fitting and grain ceiling;
				or
(3) to perform labor or services
				involving, or incidental to, the movement of freight into or out of containers
				(which have been or which will be carried by a carrier of freight by water) on
				vessels berthed at piers, on piers or at other waterfront terminals;
				or
(4) a license issued under
				paragraph (2) or (3) of this subdivision shall be restricted to the performance
				of the services contemplated by said paragraph.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 3 - Stevedores › Section 3.3 - Freight excluded from definitions of waterborne freight

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of article VI of the Act and this Part,
				  waterborne freight shall not include freight loaded within the Port of New York
				  District upon motor vessels not in excess of 115 foot length.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 3 - Stevedores › Section 3.4 - Application for stevedore license

Current through Register Vol. 46, No. 28, July 10, 2024
A license to act as a stevedore will be issued only upon a
				  verified application submitted on a form furnished by the commission. Each
				  application for a stevedore license shall be accompanied by a personal
				  character information form furnished by the commission, completed and verified
				  by the applicant, by each member of a partnership, and, if the applicant is a
				  corporation, by each officer, each director and each natural person holding,
				  directly or indirectly, five percent or more of any class of capital stock. The
				  commission may, upon examination, require such additional evidence and
				  information as may be required to establish the character of the real parties
				  in interest.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 3 - Stevedores › Section 3.5 - Application to be accompanied by photograph and fingerprints

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of assisting the commission to ascertain the
				  character, integrity and identity of an applicant for a stevedore license, each
				  application shall be accompanied by a photograph and the authenticated
				  fingerprints on a record identification form to be furnished by the commission,
				  of an individual applicant, each member of a partnership, each officer and each
				  director and each natural person holding, directly or indirectly, five percent
				  or more of any class of capital stock of a corporate
				  applicant.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 3 - Stevedores › Section 3.6 - Additional information to be furnished when required

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the information required by the application
				  form, the commission may require the applicant to produce such further facts
				  and evidence as may be necessary to determine whether or not the applicant
				  possesses the qualifications and meets the requirements necessary to obtain a
				  license.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 3 - Stevedores › Section 3.7 - Issuance and display of license

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the approval of an application, the commission will
				  issue and deliver a stevedore license which shall indicate thereon the type of
				  stevedoring service authorized to be performed and which shall be prominently
				  displayed at the licensee's principal place of business within the Port of New
				  York District. The commission will issue the following types of stevedore
				  license:
(a) a license for the
				performance of general stevedoring service, including clerking and checking
				services;
(b) a license restricted
				to the performance of all or any part of cooperage, carpentry, maintenance or
				other related services incidental to the movement of waterborne freight
				including those enumerated in section
				3.2(a)(2) or (3)
				of this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 3 - Stevedores › Section 3.8 - Notification of stevedore contracts and changes in corporate management, ownership and capitalization

Current through Register Vol. 46, No. 28, July 10, 2024
Every licensed stevedore shall notify the commission
				  forthwith, and in detail of any of the following events:
(a) the making or execution of any term
				contract or arrangement for stevedoring services with a carrier of freight by
				water and of the termination or cancellation of such contract, but such
				notification shall not be required with respect to oral or written "spot"
				contracts or arrangements entered into with a carrier of freight by water or
				its agent for a single vessel operation; and
(b) any change in the officers, directors,
				and/or stockholders owning five percent or more of the capital stock of any
				class or any change in the capitalization of the corporation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 3 - Stevedores › Section 3.9 - Licensee to maintain books and records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every licensed stevedore shall maintain a
				complete set of books and records containing:
(1) a true and accurate account of the
				licensee's receipts and disbursements arising out of its activities within the
				Port of New York District; and
(2)
				records reflecting the names, waterfront numbers and the places of employment
				of employees, including but not limited to, pier location, vessel name,
				warehouse, shed or other location, and dates and times of employment.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 3 - Stevedores › Section 3.10 - Records of disbursements

Current through Register Vol. 46, No. 28, July 10, 2024
Every licensed stevedore shall comply with the
				  following:
(a) Every disbursement for
				goods or services in the amount $100 or more shall show the account to be
				charged and shall be supported by a voucher or other paid receipt giving a
				description of the goods or services, the name of the payee, the amount and the
				date.
(b) Every disbursement for
				goods or services in an amount less than $100 shall be supported by at least a
				signed petty cash slip or other written record describing the
				disbursement.
(c) Every
				disbursement in the amount of $100 or more for travel shall be supported by a
				voucher or other paid receipt which shall state who did the traveling, the
				place traveled to, the date, and the amount disbursed.
(d) Every disbursement in the amount of $100
				or more for entertainment shall be supported by a voucher or other paid receipt
				which shall state who did the entertaining, the place and date of the
				entertainment, the names of the persons entertained and the amount
				disbursed.
(e) Every disbursement
				for travel or entertainment in an amount less than $100 shall be supported at
				least by a signed petty cash slip or other written record describing the
				disbursement.
(f) Every
				disbursement in the amount of $25 or more for a gift or gratuity shall be
				supported by a voucher or other written record which shall show the name of the
				person in authority who made or authorized the disbursement, the name of the
				person who received it, the amount, date, and the business or other purpose for
				the gift or gratuity.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 3 - Stevedores › Section 3.11 - Cargo theft and loss report; report of compensation claims

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every licensed stevedore shall, within 24
				hours of discovery, in a manner set forth and/or on forms furnished by the
				commission, file a report for each pier or other waterfront terminal at which
				it performs any stevedore services of all thefts and losses of waterborne
				freight and company owned, or leased, equipment or supplies occurring under
				suspicious circumstances and such other information as the commission may
				require.
(b) Every licensed
				stevedore shall immediately supply the commission with a copy of the first
				report of accident concerning any longshoreman or checker who claims to have
				been injured (1) where the stevedore has reason to believe that the
				longshoreman or checker has made or may be making a false claim for
				compensation benefits or (2) where the longshoreman or checker does not work
				because of his claimed injuries for 14 days or more.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 3 - Stevedores › Section 3.12 - Protection of cargo

Current through Register Vol. 46, No. 28, July 10, 2024
In the interest of the public safety, welfare, prosperity,
				  health and peace, every licensed stevedore having the responsibility of
				  safeguarding waterborne freight, shall cause all cargo on the pier or other
				  waterfront terminal to be so protected from theft or pilferage as may be
				  reasonably necessary and appropriate for the particular
				  cargo.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 3 - Stevedores › Section 3.13 - Authorization to make criminal complaint

Current through Register Vol. 46, No. 28, July 10, 2024
Every licensed stevedore shall furnish the commission with
				  the name of the person or persons in its employ authorized by it to make a
				  criminal complaint in connection with cargo stolen from its
				  custody.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 3 - Stevedores › Section 3.14 - Record of checkers assigned to motor vehicles

Current through Register Vol. 46, No. 28, July 10, 2024
Every licensed stevedore shall cause to be recorded on the
				  appropriate documents reflecting delivery or removal of cargo to or from the
				  pier or other waterfront terminal by motor vehicle, the full names of all
				  checkers assigned to such vehicle.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 4 - Longshoremen, Checkers, And Telecommunications System Controllers › Section 4.1 - Longshoremen, checkers, and telecommunications system controllers required to be registered; employment of longshoremen, checkers and telecommunications system controllers not registered prohibited

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall act as a longshoreman or as a checker within
				  the Port of New York District unless at the time he is included in the
				  longshoremen's register as a longshoreman or checker, respectively, and no
				  person shall employ another to work as a longshoreman or checker within the
				  Port of New York District who is not so included in the longshoremen's
				  register. No person shall act as a telecommunications system controller within
				  the Port of New York District unless at the time he is registered by the
				  commission as such, and no person shall employ another to work as a
				  telecommunications system controller within the Port of New York District who
				  is not so registered by the commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 4 - Longshoremen, Checkers, And Telecommunications System Controllers › Section 4.2 - Persons required to be registered as longshoremen; persons not required to be registered as longshoremen

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Inclusion in the longshoremen's register as a longshoreman is required for any
				person:
(1) who is employed to handle
				waterborne freight by a carrier of freight by water or by a stevedore at a pier
				or other waterfront terminal, including, without being limited to, gang
				foremen, dock gang foremen, headers, gangwaymen, winchmen, dockmen, holdmen,
				terminal labor operators of mechanical equipment, sorters and baggage porters;
				or
(2) who is employed by a carrier
				of freight by water or by a stevedore, physically to perform labor or services
				incidental to the movement of waterborne freight on vessels berthed at piers,
				on piers or at other waterfront terminals (including marine terminals within
				the meaning of the Act), including, without being limited to, cargo storagemen
				and warehousemen, cargo repairmen, marine carpenters, container loaders and
				strippers, lashers, chockers, coopers, weighers, scalers, cargo inspectors and
				samplers, trailer interchange inspectors, maintenance, mechanical, container or
				equipment repairmen, crane maintenance men and repairmen, tire repairmen,
				vehicle preparers, export packers, labelers, cleaning and maintenance
				personnel, horse and cattle fitters and grain ceilers; or
(3) who is indirectly employed by a carrier
				of freight by water or by a stevedore, through a subsidiary or parent
				corporation of, or a contractor with, either of them, physically to perform the
				labor or services described in paragraph (2) of this subdivision; or
(4) who is employed by any person for work at
				a pier or other waterfront terminal physically to move waterborne freight to or
				from a barge, lighter or railroad car for transfer to or from a vessel of a
				carrier of freight by water which is, shall be, or shall have been berthed at
				the same pier or other waterfront terminal; or
(5) who is employed by any person, other than
				by a carrier of freight by water or by a stevedore, to perform labor or
				services involving or incidental to the movement of freight at a location in a
				marine terminal within the meaning of the Act.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 4 - Longshoremen, Checkers, And Telecommunications System Controllers › Section 4.3 - Checkers required to be registered

Current through Register Vol. 46, No. 28, July 10, 2024
Inclusion in the longshoremen's register as a checker is
				  required for any longshoreman, including, but not limited to, a timekeeper,
				  checker or clerk, who is employed to engage in direct and immediate checking of
				  waterborne freight or of the custodial accounting therefor or in the recording
				  or tabulation of the hours worked at piers or other waterfront terminals by
				  natural persons employed by carriers of freight by water or
				  stevedores.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 4 - Longshoremen, Checkers, And Telecommunications System Controllers › Section 4.4 - Longshoremen's register; division into sections; designation and sponsorship of "1969 amendment" longshoremen

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A longshoremen's register shall be
				maintained in the offices of the commission. Copies shall be kept and exhibited
				at each commission employment information center.
(b) The register shall be divided as follows:
(1) A "deep-sea" register which shall include
				all persons registered by the commission as longshoremen and checkers except
				those persons registered as longshoremen pursuant to the 1969 amendments to the
				Act (NY Laws 1969, ch. 953; NJ Laws 1969, ch. 128).
(2) An "A" or "1969 amendment" register which
				shall include all persons registered by the commission as longshoremen pursuant
				to the 1969 amendments to the Act (NY Laws 1969, ch. 953; NJ Laws 1969, ch.
				128).
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 4 - Longshoremen, Checkers, And Telecommunications System Controllers › Section 4.5 - Telecommunications system controllers (TSC) required to be registered

Current through Register Vol. 46, No. 28, July 10, 2024
Registration as a telecommunications system controller is
				  required of any person employed by the association representing employers of
				  longshoremen and checkers and of the labor organization representing
				  longshoremen and checkers in the Port of New York District, or a joint board of
				  such association and labor organization, who participates in the operation of
				  the telecommunications hiring system (THS). An applicant for registration as a
				  telecommunications system controller must be sponsored by the association
				  representing employers of longshoremen and checkers and the labor organization
				  representing longshoremen and checkers in the Port of New York District, or by
				  a joint board of such association and labor organization. Registration as a
				  telecommunications system controller shall terminate upon the registrant's
				  cessation of employment.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 4 - Longshoremen, Checkers, And Telecommunications System Controllers › Section 4.6 - Application for emergency use of persons not registered

Current through Register Vol. 46, No. 28, July 10, 2024
An application for approval under section
				  4.2(b)(3) of this
				  Part shall be made to the commission by an employer in writing, who shall
				  certify as follows:
(a) that an
				emergency exists involving the protection of the public health or safety,
				setting forth the facts and details of such emergency for each ship;
(b) that only regular employees of his
				company will be used for this purpose;
(c) that no one will be used who has been
				denied registration or whose registration has been previously revoked by the
				commission, or is under present suspension;
(d) that no one will be used who, to the best
				knowledge of the employer, has a criminal record;
(e) that the employer will maintain accurate
				records of the name of persons so used and their time and place of
				assignment;
(f) that such records
				will be available for inspection by commission personnel at the direction of
				the executive director in the event such records become necessary for an
				investigation conducted by the commission or other law enforcement
				agency;
(g) that anyone so used by
				the employer will be removed immediately at the request of the executive
				director.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 4 - Longshoremen, Checkers, And Telecommunications System Controllers › Section 4.7 - Application for registration

Current through Register Vol. 46, No. 28, July 10, 2024
An application for registration as a longshoreman, checker or
				  telecommunications system controller shall be made on forms furnished by the
				  commission and may be filed at the main administrative offices of the
				  commission or at a designated employment information center.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 4 - Longshoremen, Checkers, And Telecommunications System Controllers › Section 4.8 - Application to be accompanied by photograph and fingerprints

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of assisting the commission to ascertain the
				  identity and criminal record, if any, of the applicant, each application shall
				  be accompanied by a photograph and the authenticated fingerprints of the
				  applicant on an identification record form furnished by the
				  commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 4 - Longshoremen, Checkers, And Telecommunications System Controllers › Section 4.9 - Additional information to be furnished when required

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the information required by the application
				  form, the commission may require the applicant to produce such further facts
				  and evidence as may be necessary to establish the identity of such person and
				  to determine whether registration should be granted.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 4 - Longshoremen, Checkers, And Telecommunications System Controllers › Section 4.10 - Identification to be carried by registrant; identification to be returned to commission when required

Current through Register Vol. 46, No. 28, July 10, 2024
Any card, badge or other means of official identification
				  issued by the commission to any registrant shall be carried by the registrant
				  on his person at all times when he is at work or at any pier or waterfront
				  terminal. Any such card, badge or other means of official identification shall
				  be returned to the commission promptly upon request and when otherwise required
				  by these regulations.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 4 - Longshoremen, Checkers, And Telecommunications System Controllers › Section 4.11 - Baggage porter identification

Current through Register Vol. 46, No. 28, July 10, 2024
Every longshoreman who works as a baggage porter for
				  passengers embarking or disembarking on a vessel carrying more than 12
				  passengers shall wear while he is so working, so as to be clearly visible, such
				  identification as shall be approved by the commission. The hiring agent or pier
				  superintendent responsible for the assignment of longshoremen to baggage work
				  shall cause such identification to be distributed to and collected from such
				  longshoremen daily and shall cause a written record to be kept with respect to
				  the distribution and collection of such identification on forms furnished or
				  approved by the commission. Such written records shall be retained by the
				  hiring agent or pier superintendent for a period of four months and shall be
				  available for inspection by the commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 4 - Longshoremen, Checkers, And Telecommunications System Controllers › Section 4.12 - Solicitation of tips prohibited

Current through Register Vol. 46, No. 28, July 10, 2024
No person registered by the commission shall solicit,
				  request, require, demand or exact any tip or gratuity or anything of value for
				  any work performed by himself or by any other registered person in his capacity
				  as such registered person, including but not limited to the handling of baggage
				  and the loading and unloading of trucks.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 4 - Longshoremen, Checkers, And Telecommunications System Controllers › Section 4.13 - False compensation claims prohibited

Current through Register Vol. 46, No. 28, July 10, 2024
No person registered by the commission shall make a false
				  statement for the purpose of obtaining any benefit or payment under any State
				  Workers' Compensation Law or under the Federal Longshoremen and Harbor Workers
				  Compensation Act. Any violation of this section shall be deemed by the
				  commission, in the case of a checker, to constitute an act which is
				  inconsistent with the possession of good character and integrity under section
				  5-n of the Waterfront Commission Act, and, in the case of a longshoreman, to
				  constitute the longshoreman a danger to the public peace or safety under
				  article VIII of the Act.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › Section 5.0 - Mission

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The port
				watchman is assigned to a company's facilities to protect all property within
				the limits of the facility and to protect and to protect the lives of employees
				and others on the property. This includes:
(1)
				providing building and premises security to the employer's property;
(2) enforcing company policies and
				procedures;
(3) making vehicular
				and foot patrols and performing security checks;
(4) providing effective gate and exit control
				to insure compliance with any instituted badge control or pass control
				system;
(5) regulating and
				directing traffic as necessary and as permitted by local laws;
(6) preventing theft, arson,
				sabotage;
(7) responding to alarm
				signals;
(8) to observe and report
				fire and safety hazards;
(9)
				promoting safety to prevent accidents;
(10) furthering goodwill and public
				relations;
(11) submitting routine
				and special reports to supervisors as well as shift logs and records;
				and
(12) enforcing rules and
				policies that have been established for the protection of the facility and
				personnel.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › General Provisions › Section 5.2 - Requirement for license

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person
				  shall act as a security officer, supervisory security officer or management
				  security officer within the Port of New York District without first having
				  obtained a license or temporary permit from the commission. No person shall
				  employ a security officer, supervisory security officer, or management security
				  officer who has not obtained such license or temporary permit.
(b) Licensure under this Part shall not be
				  required by persons who are employed by any person who, pursuant to section
				  3.2(b) of this
				  Title, has been granted a conditional stevedore license upon submission of an
				  annual certification of compliance.