N.Y.
Executive Law Section 534-I
Longshore workers’ register
1.
The commission shall maintain a longshore workers’ register in which shall be included all qualified longshore workers eligible, as provided, for employment as such in the port of New York district in this state. No person shall act as a longshore worker within the port of New York district in this state unless at the time such person is included in the longshore workers’ register, and no person shall employ another to work as a longshore worker within the port of New York district in this state unless at the time such other person is included in the longshore workers’ register.2.
Any person applying for inclusion in the longshore workers’ register shall file at such place and in such manner as the commission shall designate a written statement, signed and verified by such person, setting forth the person’s full name, residence address, social security number, and such further facts and evidence as the commission may prescribe to establish the identity of such person and the person’s criminal record, if any.3.
The commission may in its discretion deny application for inclusion in the longshore workers’ register by a person:(a)
Who has been convicted by a court of the United States or any state or territory thereof, without subsequent pardon, of treason, murder, manslaughter or of any crime punishable by death or imprisonment for a term exceeding three hundred sixty-four days or of any of the misdemeanors or offenses described in paragraph (b) of subdivision three of § 534-F (Pier superintendents and hiring agents)section five hundred thirty-four-f of this article or of attempt or conspiracy to commit any of such crimes;(b)
Who knowingly or willingly advocates the desirability of overthrowing or destroying the government of the United States by force or violence or who shall be a member of a group which advocates such desirability knowing the purposes of such group include such advocacy;(c)
Whose presence at the piers or other waterfront terminals in the port of New York district in this state is found by the commission on the basis of the facts and evidence before it, to constitute a danger to the public peace or safety.4.
Unless the commission shall determine to exclude the applicant from the longshore workers’ register on a ground set forth in subdivision three of this section it shall include such person in the longshore workers’ register. The commission shall issue a determination within thirty days of receipt of the application provided, however, that this time requirement shall not apply for any period of delay caused or requested by the applicant. If the commission cannot make a determination within that time, it shall notify the applicant that the application is still under review. The commission may permit temporary registration of any applicant under the provisions of this section pending final action on an application made for such registration. Any such temporary registration shall be valid for a period not in excess of six months.5.
The commission shall have power to reprimand any longshore worker registered under this section or to remove that person from the longshore workers’ register for such period as it deems in the public interest for any of the following offenses:(a)
Conviction of a crime or other cause which would permit disqualification of such person from inclusion in the longshore workers’ register upon original application;(b)
Fraud, deceit or misrepresentation in securing inclusion in the longshore workers’ register;(c)
Transfer or surrender of possession to any person either temporarily or permanently of any card or other means of identification issued by the commission as evidence of inclusion in the longshore workers’ register, without satisfactory explanation;(d)
False impersonation of another longshore worker registered under this section or of another person licensed under this act;(e)
Willful commission of or willful attempt to commit at or on a waterfront terminal or adjacent highway any act of physical injury to any other person or of willful damage to or misappropriation of any other person’s property, unless justified or excused by law; and(f)
Any other offense described in paragraphs (c), (d), (e), and(f)
of subdivision seven of § 534-F (Pier superintendents and hiring agents)section five hundred thirty-four-f of this article.6.
Whenever, as a result of legislative amendments to this act or of a ruling by the commission, registration as a longshore worker is required for any person to continue employment, such person shall be registered as a longshore worker without regard to the provisions of § 534-L (Suspension or acceptance of applications for inclusion in the longshore workers’ register)section five hundred thirty-four-l of this article, provided, however, that such person satisfies all the other requirements of this act for registration as a longshore worker.7.
The commission shall have the right to recover possession of any card or other means of identification issued as evidence of inclusion in the longshore workers’ register if the holder thereof has been removed from the longshore workers’ register.8.
Nothing contained in this article shall be construed to limit in any way any rights of labor reserved by § 534-Q (Construction of act)section five hundred thirty-four-q of this article.
Source:
Section 534-I — Longshore workers' register, https://www.nysenate.gov/legislation/laws/EXC/534-I (updated Jul. 5, 2024; accessed Oct. 26, 2024).
