reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 6 - Application And Revocation Proceedings › Section 6.17 - Petition for rehearing

Current through Register Vol. 46, No. 28, July 10, 2024
Upon petition, after the making of an order by the commission
				  following a hearing, rehearing may be granted in the discretion of the
				  commission. A petition for rehearing shall state in detail the grounds upon
				  which it is based and shall separately set forth each error of law and fact
				  alleged to have been made by the commission in its determination, together with
				  facts and arguments in support thereof. Such petition shall be filed with the
				  commission not later than 30 days after service of the order of the commission
				  upon the parties, unless the commission for good cause shown shall otherwise
				  direct. The commission may upon its own motion grant a rehearing after the
				  making of an order following a hearing.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 6 - Application And Revocation Proceedings › Section 6.18 - Petition for reconsideration

Current through Register Vol. 46, No. 28, July 10, 2024
Within 90 days after the service of an order of the
				  commission following a hearing or rehearing, which order shall be considered as
				  a final determination of the commission in a proceeding for judicial review,
				  the applicant or respondent may petition the commission to exercise its
				  discretion to reconsider its determination. Such petition shall be in writing
				  and shall state in detail the grounds upon which it is based. Any order made by
				  the commission upon such petition shall not extend any limitation of time
				  imposed by law to commence a proceeding to review the final determination of
				  the commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 6 - Application And Revocation Proceedings › Section 6.19 - Petition for restoration of license or registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person having been issued a temporary
				permit or registration or permanent license or registration by the commission
				and whose temporary permit or registration has been revoked or annulled by an
				order of the commission denying an application for a permanent license or
				registration after a hearing or rehearing or whose permanent license or
				registration has been revoked by order of the commission after a hearing or
				rehearing may petition the commission for restoration of his permit, license or
				registration. Such petition shall be in writing on a form to be furnished by
				the commission and shall be filed with the commission not less than six months
				after the final determination of the commission made after the hearing or
				rehearing and not more often than once each year following the said final
				determination, unless the commission for good cause shown shall otherwise
				direct. Any registration, permit or license issued by the commission after a
				grant of a petition under this section may be subject to the provisions of
				section 1.21(b)-(i) of
				this Title.
(b) No petition for
				restoration shall be accepted from any person seeking restoration unless the
				person is sponsored for employment by a "stevedore" or by any "person," within
				the meaning of those terms contained in the act, who is an employer of
				individuals requiring a registration or a license under the act, and where
				proof of sponsorship has been received by the commission, prior to submission
				to the commission of said petition, in the form of a letter submitted by the
				sponsoring employer.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 6 - Application And Revocation Proceedings › Section 6.20 - Petition for leave to reapply

Current through Register Vol. 46, No. 28, July 10, 2024
Any applicant, not having been issued a temporary permit or
				  registration, who has been denied a license or registration by order of the
				  commission after a hearing or rehearing, and who has not been granted leave to
				  reapply in the said order of denial, may petition the commission for leave to
				  reapply for such license or registration. Such petition shall be in writing on
				  a form to be furnished by the commission and shall be filed with the commission
				  not less than six months after the final determination of the commission made
				  after the hearing or rehearing and not more often than once each year following
				  the said final determination, unless the commission for good cause shown shall
				  otherwise direct. A grant by the commission of a petition submitted under this
				  section for leave to reapply for inclusion in the "deep-sea" register as a
				  longshoreman or checker during any period of time the acceptance of such
				  applications has been suspended under section 5-p of the act shall not take
				  effect until such time as the commission shall determine to accept such
				  applications under said section 5-p and shall not entitle the petitioner to any
				  preference or priority in obtaining any such application or in having it
				  processed.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › General Provisions › Section 7.1 - Construction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part is
				  designed to effectuate the purposes of the Act, as amended and supplemented,
				  and to prevent the circumvention and evasion thereof. In particular, it is
				  designed to improve the conditions under which waterfront labor is employed, to
				  eliminate irregularity of employment, fear and insecurity, and, in accordance
				  with the public policies of the States of New York and New Jersey, to provide
				  fair and equal employment opportunities, by establishing a systematic method of
				  hiring and providing adequate information to waterfront workers as to the
				  availability of employment opportunities and to waterfront employers as to the
				  available labor supply within the port.
(b) This Part contains provisions which give
				  waterfront employers the privilege of ordering employees for hire without the
				  personal appearance of such employees at the commission employment information
				  centers, on condition that the employers file with the commission lists of
				  persons they regularly employ on their piers and follow the procedures set
				  forth in this Part for the ordering of their regular and casual
				  employees.
(c) This Part is not
				  designed and should not be construed to be in conflict with the provisions of
				  article XV of the Act.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › General Provisions › Section 7.3 - Employers and employees subject to regulation

Current through Register Vol. 46, No. 28, July 10, 2024
Any person who employs a person included in the "deep-sea"
					 register to perform work in his registered capacity and any person included in
					 the "deep-sea" register are subject to the provisions of this
					 Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › General Provisions › Section 7.4 - Longshoremen's register

Current through Register Vol. 46, No. 28, July 10, 2024
The longshoremen's register, as referred to in this Part,
					 only applies to the "deep-sea" register.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Employee Listings › Section 7.5 - Establishment of regular lists

Current through Register Vol. 46, No. 28, July 10, 2024
(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) regular checkers and clerks,
				  terminal labor, drivers, coopers, marine carpenters, maintenance men and other
				  classifications of regular employees and supervisory employees; and
(2) regular and regular-extra
				  gangs.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Employee Listings › Section 7.6 - Voluntary gangs

Current through Register Vol. 46, No. 28, July 10, 2024
Voluntary gangs may be established and included in the
					 commission's register of gangs.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Employee Listings › Section 7.8 - Replacements for voluntary gangs

Current through Register Vol. 46, No. 28, July 10, 2024
Before a vacancy may be filled in a voluntary gang, the
					 foreman of such gang shall notify an employment information center on
					 commission forms. The commission shall post a notice of such job opportunity in
					 each employment information center for a period of not less than one week. Any
					 person seeking such listing shall apply on commission forms through an
					 employment information center. After the posting for one week, the commission
					 shall forward all such job applications to the foreman of the gang. Such
					 vacancy shall be filled by written request signed by a majority of the members
					 of the gang from such job applications in accordance with sections 7.29 through
					 7.40 of this Part,
					 inclusive.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Employee Listings › Section 7.9 - Rejection of lists, replacements and additions

Current through Register Vol. 46, No. 28, July 10, 2024
The commission may reject any list, in whole or in part, or
					 any replacement or addition to any list, if it determines that such list, or
					 part thereof, or any replacement or addition thereto, was not made in
					 conformance with this Part, or in accord with the Act.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Employee Listings › Section 7.10 - Removal of persons from lists; removal of gangs from register

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person may
				  be removed from a list:
(1) at his own
				  request;
(2) at the request of the
				  employer who applied for his listing;
(3) for good cause upon the written request
				  of the majority of the members of a voluntary gang;
(4) upon his suspension, revocation or other
				  removal from the longshoremen's register for a period of more than 30 days. A
				  person so removed may be reinstated to his position on said list upon
				  reinstatement to the longshoremen's register, notwithstanding the provisions of
				  section 7.7 of this Part;
(5) where the commission determines that he
				  was not listed in conformance with this Part, or that such removal will further
				  the purposes of the Act.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Employee Listings › Section 7.11 - Corrections and restorations to lists

Current through Register Vol. 46, No. 28, July 10, 2024
Any person eligible for inclusion in any list filed with
					 the commission who was omitted or who was subsequently removed from such list
					 pursuant to section
					 7.10 of this Part may be included
					 or restored to such list upon application by the employer if the commission
					 determines that sufficient cause exists for such inclusion or restoration. Any
					 person removed from a voluntary gang pursuant to section
					 7.10 of this Part may be restored
					 for good cause to such gang by the commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Hiring Procedures › Section 7.12 - Establishment of telephonic hiring system

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to other provisions concerning the ordering of
					 persons without their personal appearance at an employment information center,
					 the commission, in the implementation of a telecommunications hiring system
					 (THS) through which longshoremen and checkers may be hired and accept
					 employment without any personal appearance, may designate one or more of the
					 employment information centers it is authorized to establish and maintain under
					 article VII of the act as a Telephonic Hiring Employment Information Center
					 (THEIC). Such a THEIC has been established at the commission office located at
					 333 Thornall Street, Third Floor, Edison, NJ 08837.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Hiring Procedures › Section 7.13 - Reporting employment opportunities

Current through Register Vol. 46, No. 28, July 10, 2024
Each employer shall each workday before 2:30 p.m. provide
					 the THEIC with a list of the number of gangs and other classifications
					 prevalidated and general information of employment opportunities expected to be
					 available the following workday for each classification of registered
					 personnel. Such information shall be posted or otherwise made available in each
					 employment information center; when employment is anticipated for a Saturday
					 (if hiring procedures are not implemented which include Saturday as a "regular
					 workday" in accordance with section
					 7.19 of this Part), Sunday,
					 Monday, or a holiday falling on any workday, the requirements of this section
					 shall be fulfilled on the preceding regular working day.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Hiring Procedures › Section 7.14 - Prevalidation ordering from regular lists

Current through Register Vol. 46, No. 28, July 10, 2024
An employer may order employees on regular lists as
					 follows:
(a) not later than 1:45 p.m.
				  each workday, the employer shall notify the THEIC as to which of its regular
				  and regular-extra gangs and list employees it intends to order during the
				  following 24-hour period and employees and gangs so ordered may report directly
				  to the pier or terminal for work;
(b) not later than 4 p.m. each workday, the
				  employer shall indicate on the bulletin board at the pier or terminal those
				  employees and gangs ordered for employment during the following 24-period
				  hours;
(c) when employment is
				  anticipated for a Saturday (if hiring procedures are not implemented which
				  include Saturday as a "regular workday" in accordance with section
				  7.19 of this Part), Sunday,
				  Monday, or a holiday falling on any workday, the requirements of subdivisions
				  (a) and (b) of this section shall be fulfilled on the preceding regular working
				  day;
(d) when employment is
				  anticipated for a workday following any holiday, the requirements of
				  subdivisions (a) and (b) of this section shall be fulfilled on the last regular
				  working day preceding the holiday;
(e) where an employer cancels the employment
				  of an employee or a gang, it shall notify the THEIC no later than 7 a.m. on the
				  workday the employee or gang was to report for employment.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Hiring Procedures › Section 7.15 - "Quick registration"; weekend casual checkers; limitations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After
				  satisfying the requirements of section
				  7.14(a) of this
				  Part and prior to 2:30 p.m., the employer may order ("quick register")
				  individual members of its gangs or lists, not previously validated for the
				  following workday, as dock or terminal employees or as replacements in gangs in
				  accordance with sections 7.29 through
				  7.40 of this Part,
				  inclusive.
(b) A checker may
				  telephone the THEIC on Friday between 9 a.m. and 10 a.m. to make himself
				  available on the checker voluntary list for weekend employment at terminals
				  handling baggage (cruise ship or passenger ship terminals). A hiring agency may
				  employ by "quick registering," on Friday before 2:30 p.m., a casual checker who
				  has made himself so available.
(c)
				  Except for the provisions of subdivision (b) of this section, the "quick
				  registration" procedure may only be used to hire list or gang members for
				  employment at their own pier or terminal. The procedure is not to be used for
				  ordering or extending other registrants unless written permission is granted by
				  the commission.
(d) Not later than
				  4 p.m. each workday, the employer shall indicate on the bulletin board at the
				  pier or terminal those employees who have been "quick registered" for
				  employment during the following 24-hour period.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Hiring Procedures › Section 7.16 - Recall of regular and regular-extra gangs

Current through Register Vol. 46, No. 28, July 10, 2024
An employer may retain a regular or regular-extra gang for
					 employment, even though the gang has been previously released by such employer
					 and ordered for employment by another employer, provided the regular employer
					 certifies to the commission that:
(a)
				  circumstances have arisen which prevent the completion of the work assignment
				  for the regular employer; and
(b)
				  the regular employer has notified the prospective employer at least one hour in
				  advance of the time the gang was to report to the prospective employer that it
				  intends to retain its gang until the work assignment is completed.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Hiring Procedures › Section 7.17 - Ordering of additional gangs

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Each gang not reported pursuant to section
				  7.14(a) of this
				  Part shall be posted as a gang not previously ordered and may be ordered as an
				  additional gang (including voluntary or extra gangs).
(b) Prior to 2 p.m. a hiring agent shall
				  personally order additional gangs from the gangs not previously ordered through
				  the THEIC and so notify the center staff.
(c) An additional gang may be continued in
				  employment in the same manner as the employer's regular and regular-extra gangs
				  pursuant to section
				  7.14 of this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Hiring Procedures › Section 7.18 - Extension of employment; use, procedure and prohibited practices

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a person
				  employed pursuant to sections 7.19 and
				  7.20 of this Part is required by
				  his employer for successive days to complete his original assignment, the
				  employer may extend the employment on a day-to-day basis, but not beyond Friday
				  of the same week. Where the original assignment is not completed by Friday, the
				  employer may continue such employment for Saturday, and, if necessary, from
				  Saturday to Sunday only by receiving specific written permission of the
				  commission for each said day.
(b)
				  Not later than 3 p.m. each workday the employer shall, on commission forms
				  posted on the bulletin board at the pier or terminal, indicate those persons
				  whose employment it is extending for the following 24 hours and shall furnish
				  such names to the employment information center by 3 p.m.
(c) Any such extension shall be accomplished
				  in the following manner: for each person to be extended, the employer, through
				  its hiring agent, shall certify on a commission form, the name, registration
				  number, classification and seniority of the registrant to be extended, the
				  specific duty assignment performed and to be performed by the registrant and
				  the location of said duty assignment performed and to be performed.
(d) When employment is anticipated for a
				  Sunday, Monday, or a holiday falling on any workday, the requirements of
				  subdivision (b) of this section shall be fulfilled on the preceding regular
				  working day.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Hiring Procedures › Section 7.19 - Prior day ordering (PDO) of registrants not otherwise prevalidated

Current through Register Vol. 46, No. 28, July 10, 2024
An employer may prior day order (PDO) any registrant for
					 employment, except for employment as a supervisory employee, who was not
					 otherwise prevalidated in the following manner:
(a) Between 2:30 p.m. and 3:30 p.m. on the
				  prior regular working day, waterfront employers, through hiring agents and
				  through the THEIC, may order casuals for employment the next workday.
(b) Between 2:30 p.m. and 3:30 p.m. on Friday
				  afternoon (or Saturday afternoon, if hiring procedures are implemented which
				  include Saturday as a "regular workday" in accordance with this section)
				  waterfront employers, through hiring agents and through the THEIC, may order
				  longshore casuals for any shift on Saturday (if hiring procedures are not
				  implemented which include Saturday as a "regular workday" in accordance with
				  this section), Sunday or Monday, and may order checker casuals for any shift on
				  Monday.
(c) Between 2:30 p.m. and
				  3:30 p.m. on the last regular working day prior to a holiday, waterfront
				  employers, through hiring agents and through the THEIC, may order casuals for
				  any shift on the holiday or the workday following the holiday.
(d) Such selection shall be made from a
				  complete list of available registrants possessing the particular qualification
				  needed.
(e) Such selection shall be
				  made in accordance with the seniority priorities as contained in sections 7.29
				  through 7.40 of the Part,
				  inclusive.
(f) A list of
				  registrants so selected shall be posted at the pier or terminal and the
				  appropriate employment information center.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Hiring Procedures › Section 7.21 - Other weekday regular working day availability and hirings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) From 9 a.m. to 12:45 p.m. Monday through
				  Friday (except on holidays) longshoremen and checkers may telephone the THEIC
				  to voluntarily make themselves available for employment at 10 a.m., 1 p.m. and
				  3 p.m. on that day. Said individuals shall leave a telephone number where they
				  can be reached, if that telephone number is different from the individual's
				  usual telephone number maintained in the THS data base.
(b) From 4:00 p.m. to 6:45 p.m. Monday
				  through Friday (except on holidays) longshoremen and checkers may telephone the
				  THEIC to voluntarily make themselves available for employment at 7 p.m. and 11
				  p.m. on that day. Said individuals shall leave a telephone number where they
				  can be reached, if that telephone number is different from the individual's
				  usual telephone number maintained in the THS data base.
(c) A hiring agent may fill his employer's
				  requirements, except for requirements for supervisory employees, from those
				  registrants who made themselves available for 10 a.m., 1 p.m., 3 p.m., 7 p.m.
				  or 11 p.m. employment, by selecting said registrants in accordance with
				  seniority and by qualifications through the telephonic hiring system.
				  Telecommunications system controllers may advise registrants of such employment
				  in accordance with section
				  7.20(b) of this
				  Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Hiring Procedures › Section 7.22 - Availability for weekend and holiday employment; weekend and holiday hirings; obtaining holiday employment information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Between 7 a.m. and 8 a.m. on Saturday, a
				  longshoreman may telephone the THEIC to volunteer for any shift on Saturday
				  and/or Sunday and shall leave a telephone number where he may be reached, if
				  that telephone number is different from the longshoreman's usual telephone
				  number maintained in the THS data base.
(b) Between 4 p.m. and 8 p.m. on the last
				  regular working day before a holiday, longshoremen may telephone the THEIC for
				  work orders for any shift on the holiday or the day following the holiday. A
				  longshoreman who has not received any such orders may, between 7 a.m. and 8
				  a.m. on the day of a holiday when casual hiring will be conducted, may
				  telephone the THEIC to volunteer for any shift on the holiday and shall leave a
				  telephone number where he may be reached, if that telephone number is different
				  from the longshoreman's usual telephone number maintained in the THS data
				  base.
(c) A hiring agent may fill
				  his employer's requirements, except for requirements for supervisory employees,
				  from those longshoremen who made themselves available for weekend or holiday
				  employment, by selecting such longshoremen in accordance with seniority and by
				  qualification through the telephonic hiring system. Telecommunications system
				  controllers may advise registrants of such employment in accordance with
				  section 7.20(b) of this
				  Part.
(d) With respect to casual
				  checker weekend employment between 9 a.m. and 11 a.m. on Friday, or Thursday if
				  Friday is a holiday, a checker may telephone the THEIC to make himself
				  available on the checker voluntary list for employment on Saturday and/or
				  Sunday. In the event of an emergency, a hiring agent, for weekend work, may
				  order a checker on his employer's list, and shall post-validate the hiring at
				  an employment information center on the next regular working day stating, in
				  writing, on a commission form, the nature of the emergency.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Hiring Procedures › Section 7.23 - Reporting absenteeism

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  employer, through its hiring agent, shall notify the employment information
				  center in writing on the appropriate commission form and shall record in the
				  telephone hiring system data base, by 9 a.m. of the same workday, the failure
				  of any person or gang to report for work as ordered for 7 a.m. or 8 a.m.
				  employment; and shall further notify the employment information center in
				  writing on the appropriate commission form within 24 hours of the failure of
				  any person or gang to report for work as ordered for any other
				  employment.
(b) Registered persons
				  engaged in the recording or tabulation of the hours worked at piers or other
				  waterfront terminals shall furnish accurate and timely absentee information to
				  their employers.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Hiring Procedures › Section 7.24 - Registering and data base validation and certification

Current through Register Vol. 46, No. 28, July 10, 2024
The employment of any gang, list or individual pursuant to
					 sections 7.13 through
					 7.22 of this Part shall be
					 registered by an employer's hiring agent in the THS data base. Said hiring
					 agent shall also certify to the commission, on an appropriate form, that any
					 such employment is in accordance with this Part. Said form shall be submitted
					 to the commission for validation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Reactivated and New Piers › Section 7.25 - Notice for establishing regular lists for reactivated and new piers

Current through Register Vol. 46, No. 28, July 10, 2024
An employer shall give 30 days' notice to the commission
					 prior to filing regular lists for a reactivated or new pier. The commission may
					 reduce the time required for such notice. The commission shall post such notice
					 in each employment information center for a period of not less than one
					 week.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Reactivated and New Piers › Section 7.26 - Publication of prior lists for reactivated piers

Current through Register Vol. 46, No. 28, July 10, 2024
Upon receiving such notice with respect to a reactivated
					 pier, as defined in section
					 7.2(j) of this
					 Part, the commission shall furnish the employer with such prior regular lists
					 as were duly approved by and on file with the commission at the time the pier's
					 operation terminated and shall post copies of such lists for not less than one
					 week in each employment information center. Any prospective employee whose name
					 appears on any such list who seeks to be included on a regular list at the
					 reactivated pier shall apply to the employer's hiring agent or pier
					 superintendent on an application supplied by the employer and approved by the
					 commission. Within five business days from the end of period of posting, the
					 employer shall forward to the commission copies of all applications received
					 during that period, together with a commission form upon which shall be entered
					 the names and seniority classifications of all persons who applied during that
					 period and a certification by the employer's hiring agent that all persons who
					 sought such listings were furnished applications and that all applications
					 received have been forwarded to the commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Reactivated and New Piers › Section 7.27 - Regular lists for reactivated piers

Current through Register Vol. 46, No. 28, July 10, 2024
At the time of filing applications pursuant to section
					 7.26 of this Part, the employer
					 may select regular employees and members of gangs from job applicants qualified
					 and able to perform the duties of the job, in accordance with sections 7.29
					 through 7.40 of this Part, inclusive, and
					 file its original lists of regular employees and gangs in accordance with
					 section 7.5 of this Part. The employer may
					 select additional persons to complete its original lists for the reactivation
					 of the pier in accordance with section
					 7.7 no later than 10 days after
					 the initial filing of his lists.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Reactivated and New Piers › Section 7.28 - Regular lists for new piers

Current through Register Vol. 46, No. 28, July 10, 2024
Any prospective employee seeking inclusion in a regular
					 list for a new pier shall apply to the employer's hiring agent or pier
					 superintendent on an application supplied by the employer and approved by the
					 commission. Within five business days from the end of the period of posting,
					 the employer shall forward to the commission copies of all applications
					 received during that period, together with a commission form upon which shall
					 be entered the names and seniority classification of all persons who applied
					 during that period and a certification by the employer's hiring agent that all
					 persons who sought such listings were furnished applications and that all
					 applications received have been forwarded to the commission. No later than 20
					 days after giving notice pursuant to section
					 7.25 of this Part, the employer
					 may select regular employees and gangs from job applicants qualified and able
					 to perform the duties of the job, in accordance with sections 7.29 through
					 7.40 of this Part inclusive, and
					 file such lists in accordance with section
					 7.5 of this
					 Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Priorities › Section 7.29 - Construction of priorities

Current through Register Vol. 46, No. 28, July 10, 2024
In accordance with the provisions of article XV of the
					 Waterfront Commission Act, the following priorities of employment are designed
					 to be consistent with the priorities established in the seniority article of
					 the collective bargaining agreement between the New York Shipping Association,
					 Inc. and the International Longshoremen's Association. The listing of these
					 priorities shall not be construed to limit in any way the right of the parties
					 to the collective bargaining agreement to alter, modify, amend or otherwise
					 change such priorities or agree upon any other method for the selection of
					 registered or licensed employees by way of seniority, experience, regular gangs
					 or otherwise.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Priorities › Section 7.30 - Regular employee lists for reactivated piers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each list for regular employees other
				  than coopers, maintenance men and marine carpenters, at a reactivated pier
				  shall be established from those persons on prior lists for such category who
				  are available and willing to accept employment, on the basis of seniority at
				  the pier or terminal. If pier or terminal seniority is equal, selection shall
				  be made on the basis of seniority in the industry. Additions to such lists
				  shall be made in accordance with the priorities for additions to the regular
				  list of such category on existing piers.
(b) Coopers, maintenance men and marine
				  carpenters shall be employed at a reactivated pier or at a pier at which their
				  employer discontinued operations in accordance with their rights under
				  applicable seniority agreements.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Priorities › Section 7.31 - Regular gang lists for reactivated piers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Regular gang lists at a reactivated pier
				  shall be established from:
(1) former regular
				  gangs on the basis of gang seniority at the pier, provided the gang is
				  available for work and substantially intact;
(2) former regular-extra gangs on the basis
				  of gang seniority at the pier, provided the gang is available for work and
				  substantially intact; or
(3)
				  members of former regular and regular-extra gangs in accordance with their
				  seniority at the pier or terminal. Where pier seniority is equal, selection
				  shall be made on the basis of seniority in the industry.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Priorities › Section 7.32 - Regular employee lists for new piers

Current through Register Vol. 46, No. 28, July 10, 2024
Regular employee lists for new piers shall be established
					 from longshoremen identified with the section in which the employer's pier or
					 terminal is located on the basis of seniority in the
					 industry.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Priorities › Section 7.33 - Regular gang lists for new piers

Current through Register Vol. 46, No. 28, July 10, 2024
Regular gang lists for a new pier shall be established
					 from:
(a) regular and regular-extra
				  gangs in the section, provided they are intact and available for and willing to
				  accept employment; and, thereafter, from
(b) longshoremen identified with the section
				  in which the employer's pier or terminal is located on the basis of seniority
				  in the industry.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Priorities › Section 7.34 - Replacements and additions to regular employee lists

Current through Register Vol. 46, No. 28, July 10, 2024
Additions and replacements to regular employee lists,
					 except lists for checkers, clerks, coopers, marine carpenters, and maintenance
					 men, shall be selected in the following order from:
(a) employees listed on any regular employee
				  list at such pier or terminal; where such employees have equal status,
				  selection shall be made on the basis of seniority at the pier or terminal;
				  where pier or terminal seniority is equal, selection shall be made on the basis
				  of seniority in the industry;
(b)
				  employees listed on regular gang lists at such pier or terminal on the basis of
				  seniority at the pier or terminal;
(c) employees listed on regular-extra gang
				  lists at such pier or terminal on the basis of seniority at the pier or
				  terminal;
(d) longshoremen
				  identified with the section in which the employer's pier or terminal is located
				  on the basis of seniority in the industry;
(e) longshoremen identified with the borough
				  or area in which the employer's pier or terminal is located on the basis of
				  seniority in the industry;
(f)
				  longshoremen whose seniority classification is identified with any other
				  section in the port on the basis of seniority in the industry; and
				  thereafter,
(g) the employer may
				  select any other longshoreman without regard to any seniority classification.
Additions and replacements for coopers, marine carpenters,
					 and maintenance men shall be selected in accordance with the rights of such
					 employees under applicable seniority agreements.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Priorities › Section 7.35 - Replacements and additions to checker and clerk list

Current through Register Vol. 46, No. 28, July 10, 2024
Replacements and additions to the checker and clerk list,
					 except for timekeepers, who may be selected without regard to seniority, shall
					 be selected in the following order from:
(a) employees listed on the same regular
				  checker and clerk employee list; and, thereafter,
(b) the employer may select any checker or
				  clerk on the basis of seniority classification in the industry.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Priorities › Section 7.36 - Replacements in gangs and the formation of new gangs

Current through Register Vol. 46, No. 28, July 10, 2024
Replacements in regular and regular-extra gangs and members
					 of new gangs shall be selected in the following order from qualified
					 longshoremen:
(a) employees listed on
				  any regular-extra gang list at the pier or terminal in accordance with their
				  seniority at the pier or terminal; where pier or terminal seniority is equal,
				  selection shall be made on the basis of seniority in the industry;
(b) employees listed on any regular-extra
				  gang list at the pier or terminal in accordance with their seniority at the
				  pier or terminal; where pier or terminal seniority is equal, selection shall be
				  made on the basis of seniority in the industry;
(c) employees listed on any regular employee
				  list at such pier or terminal; where such employees have equal status,
				  selection shall be made in accordance with their seniority at the pier or
				  terminal; where pier or terminal seniority is equal, selection shall be made on
				  the basis of seniority in the industry;
(d) longshoremen identified with the section
				  in which the employer's pier or terminal is located on the basis of their
				  seniority status in the industry;
(e) longshoremen identified with the borough
				  or area in which the employer's pier or terminal is located on the basis of
				  seniority in the industry;
(f)
				  longshoremen whose seniority classification is identified with any other
				  section in the port on the basis of their seniority status in the industry;
				  and, thereafter,
(g) the employer
				  may select any other longshoremen without regard to any seniority
				  classification. Temporary replacements in gangs shall be selected in the same
				  order of priority without regard to seniority at the pier or
				  terminal.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Priorities › Section 7.37 - Replacements in voluntary gangs

Current through Register Vol. 46, No. 28, July 10, 2024
Replacements in voluntary gangs shall be selected
					 from:
(a) longshoremen identified with
				  the section or sections within the employment information center where the gang
				  is listed, on the basis of seniority in the industry;
(b) longshoremen identified with the borough
				  or area in which the employer's pier or terminal is located on the basis of
				  seniority in the industry;
(c)
				  longshoremen whose seniority classification is identified with any other
				  section in the port on the basis of seniority in the industry; and,
				  thereafter,
(d) any other
				  longshoremen without regard to any seniority classification.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Priorities › Section 7.38 - Ordering employees through the THEIC

Current through Register Vol. 46, No. 28, July 10, 2024
Persons who have made themselves available through the
					 THEIC shall be ordered for employment in accordance with the provisions of this
					 Part for the additions of employees to lists for that category of employment
					 and the hiring sequence established, and amended from time to time, by the New
					 York Shipping Association, Inc., and the International Longshoremen's
					 Association, or by a joint board of the New York Shipping Association, Inc. and
					 the International Longshoremen's Association.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Priorities › Section 7.39 - Ordering by special agreement

Current through Register Vol. 46, No. 28, July 10, 2024
Where on any pier or terminal or in any area or section
					 there exists a special agreement concerning the preferential order of hiring of
					 gangs or of employees as individuals, such agreement shall be submitted in
					 writing to the commission by the joint board established by the New York
					 Shipping Association, Inc. and the International Longshoremen's Association. If
					 the commission determines that such agreement is not inconsistent with the laws
					 of the United States, the laws of the States of New York and New Jersey and the
					 objectives of the Waterfront Commission Act, such preferential order of hiring
					 may be instituted.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Priorities › Section 7.40 - Sections

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of priorities for longshoremen other than
					 checkers, coopers, maintenance men and marine carpenters, the port shall
					 consist of the following sections:
Section 1 Brooklyn, Sugar Houses in Yonkers and Long Island
					 City
Section 7 Piers 97 to 64 North River-Manhattan, NY
Section 9 Piers 62 to 54 North River-Manhattan, NY
Section 10 Piers 51 to 25 North River-Manhattan, NY
Section 11 Pier 15 North River, around the horn to Pier 68
					 East River-Manhattan, NY
Section 12 Port Newark, Port Elizabeth, Perth Amboy to
					 Leonardo, NJ
Section 14 Jersey City and Bayonne, NJ
Section 15 Hoboken, Weehawken and Edgewater, NJ
Section 16 Staten Island, NY
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Maintaining and Availability of Records: Monitoring › Section 7.41 - Availability of documents, tapes, disks and other data; data base to reflect commission eligibility status

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The records, transaction logs, documents, tapes, disks, and other data
				  compiled, collected or maintained by the New York Shipping Association, Inc.,
				  the International Longshoremen's Association or by a joint board of the New
				  York Shipping Association, Inc. and the International Longshoremen's
				  Association pertaining to the THS shall be available for inspection,
				  investigation and duplication by the commission, and shall be furnished to the
				  commission, as required. Said information shall include, but not be limited to:
				  absentee reports, audit and presentee reports, availability for hiring and
				  hiring data and transaction logs. Said data shall be maintained for a period of
				  at least three years.
(b) Any data
				  base list of gangs and registrants or individual registrants kept and
				  maintained by the management organization representing employers of
				  longshoremen and checkers in the Port of New York District, or by the labor
				  organization representing longshoremen and checkers in the Port of New York
				  District, or by a joint board of the management and labor organization, must
				  reflect a registrant's waterfront commission eligibility status, unless
				  otherwise authorized in writing, said status shall only be entered into the
				  data base by commission employees at a data base terminal designated by the
				  commission.