New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 5 - Port Watchman › General Provisions › Section 5.1 - Port watchman defined

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A port
				  watchman shall mean any person employed directly or indirectly, by contract or
				  other arrangement, by the operator of pier or other waterfront terminal, or by
				  a carrier of freight by water, to perform services as a guardian or protector
				  of property on any pier or other waterfront terminal. Port watchmen shall be
				  classified and designated as follows (any referenced to port watchman is these
				  regulations is deemed to include all three classifications and designations set
				  forth below):
(1) Security officer. A
				  watchman, roundsman, gateman, guard, security officer, inland security officer,
				  or any person performing similar services. For purposes of this Part, an inland
				  security officer is a guardian or protector of property at any warehouse, depot
				  or other terminal, other than a pier, whether enclosed or open, which is
				  located in a marine terminal in the Port of New York District and any part of
				  which is used by any person to perform labor or services involving, or
				  incidental to, the movement of waterborne freight or freight. Inland security
				  officer shall also include, individuals employed as canine handlers at any
				  pier, warehouse, depot or other terminal, whether enclosed or open, at which
				  passengers embark or disembark from vessels and/or at which baggage is handled
				  or sorted, this includes, but is not limited to, those terminals currently
				  located in the Port of New York District which are designated as passenger ship
				  terminals. Individuals licensed as inland security officers are limited to
				  employment by their sponsoring employer.
(2) Supervisory security officer. A security
				  officer, supervisor, dispatcher or any other person, a substantial part of
				  whose services, performed at piers or other waterfront terminals, includes the
				  supervision, selection or assignment of security officers engaged in the
				  protection of property on any pier or other waterfront terminal.
(3) Management security officer. An officer,
				  manager, supervisor, dispatcher or any other person, whose services performed
				  at piers or other waterfront terminals is to supervise, select or assign
				  security officers or supervisory security officers engaged in the protection of
				  property on any pier or other waterfront terminal and/or an individual who
				  performs the duties of a facilities security officer (FSO) in accordance with
				  the requirements of the Maritime Transportation Security Act of 2002 and
				  related United States Coast Guard regulations. A management security officer
				  shall not be a member of a labor organization which represents longshoremen,
				  checkers, or port watchmen; however, this shall not be deemed to prohibit
				  management security officers from being represented by a labor organization
				  which does not also represent longshoremen, checkers, or port watchmen.
				  Individuals licensed as management security officers are limited to employment
				  by the sponsoring employer.