§ 534-B — Definitions

New York § 534-B

• Jurisdiction: New York
• Law EXC: Executive
• Art. 19-I: Waterfront Commission Act

Text

§ 534-b. Definitions. As used in this article, the following terms\nshall have the following meanings:\n 1. "Act" shall mean this article and rules or regulations lawfully\npromulgated thereunder and shall include any amendments or supplements\nto this article to implement the purposes thereof.\n 2. "Bi-state commission" shall mean the Waterfront Commission of New\nYork Harbor established by the state of New York pursuant to P.L. 1953,\nc.882 (NY Unconsol. Ch.307, s.1) and by the state of New Jersey pursuant\nto its agreement thereto under P.L.1953, c.202 (C.32:23-1 et seq.).\n 3. "Carrier of freight by water" shall mean any person who may be\nengaged or who may hold oneself out as willing to be engaged, whether as\na common carrier, as a contract carrier or otherwise (except for\ncarriage of liquid cargoes in bulk in tank vessels designed for use\nexclusively in such service or carriage by barge of bulk cargoes\nconsisting of only a single commodity loaded or carried without wrappers\nor containers and delivered by the carrier without transportation mark\nor count) in the carriage of freight by water between any point in the\nport of New York district and a point outside said district.\n 4. "Container" shall mean any receptacle, box, carton or crate which\nis specifically designed and constructed so that it may be repeatedly\nused for the carriage of freight by a carrier of freight by water.\n 5. "Checker" shall mean a longshore worker who is employed to engage\nin direct and immediate checking of waterborne freight or of the\ncustodial accounting therefor or in the recording or tabulation of the\nhours worked at piers or other waterfront terminals by natural persons\nemployed by carriers of freight by water or stevedores.\n 6. "Commission" shall mean the New York waterfront commission\nestablished by section five hundred thirty-four-c of this article.\n 7. "Career offender" shall mean a person whose behavior is pursued in\nan occupational manner or context for the purpose of economic gain\nutilizing such methods as are deemed criminal violations against the\npublic policy of the state of New York.\n 8. "Career offender cartel" shall mean a number of career offenders\nacting in concert, and may include what is commonly referred to as an\norganized crime group.\n 9. "Court of the United States" shall mean all courts enumerated in\nsection four hundred fifty-one of title twenty-eight of the United\nStates Code and the courts-martial of the armed forces of the United\nStates.\n 10. "Freight" shall mean freight which has been, or will be, carried\nby or consigned for carriage by a carrier of freight by water.\n 11. "Hiring agent" shall mean any natural person, who on behalf of a\ncarrier of freight by water or a stevedore or any other person shall\nselect any longshore worker for employment.\n 12. "Longshore worker" shall mean: (a) a natural person, other than a\nhiring agent, who is employed for work at a pier or other waterfront\nterminal, either by a carrier of freight by water or by a stevedore to:\n (1) physically move waterborne freight on vessels berthed at piers, on\npiers or at other waterfront terminals; or\n (2) engage in direct and immediate checking of any such freight or of\nthe custodial accounting therefor or in the recording or tabulation of\nthe hours worked at piers or other waterfront terminals by natural\npersons employed by carriers of freight by water or stevedores; or\n (3) supervise directly and immediately others who are employed as in\nsubparagraph one of this paragraph; or\n (4) physically perform labor or services incidental to the movement of\nwaterborne freight on vessels berthed at piers, on piers or at other\nwaterfront terminals, including, but not limited to, cargo repair\npersonnel, coopers, general maintenance personnel, mechanical and\nmiscellaneous workers, horse and cattle fitters, grain ceilers and\nmarine carpenters; or\n (b) a natural person, other than a hiring agent, who is employed for\nwork at a pier or other waterfront terminal by any person to:\n (1) physically move waterborne freight to or from a barge, lighter or\nrailroad car for transfer to or from a vessel of a carrier of freight by\nwater which is, shall be, or shall have been berthed at the same pier or\nother waterfront terminal; or\n (2) perform labor or services involving, or incidental to, the\nmovement of freight at a waterfront terminal as defined in subdivision\nfifteen of this section.\n 13. "Longshore workers' register" shall mean the register of eligible\nlongshore workers compiled and maintained by the commission pursuant to\nsection five hundred thirty-four-i of this article.\n 14. "Marine terminal" shall mean an area which includes piers, which\nis used primarily for the moving, warehousing, distributing or packing\nof waterborne freight or freight to or from such piers, and which,\ninclusive of such piers, is under common ownership or control.\n 15. "Other waterfront terminal" shall include:\n (a) any warehouse, depot or other terminal (other than a pier) which\nis located within one thousand yards of any pier in the port of New York\ndistrict in this state and which is used for waterborne freight in whole\nor substantial part; or\n (b) any warehouse, depot or other terminal (other than a pier),\nwhether enclosed or open, which is located in a marine terminal in the\nport of New York district in this state and any part of which is used by\nany person to perform labor or services involving, or incidental to, the\nmovement of waterborne freight or freight.\n 16. "Person" shall mean not only a natural person but also any\npartnership, joint venture, association, corporation or any other legal\nentity but shall not include the United States, any state or territory\nthereof or any department, division, board, commission or authority of\none or more of the foregoing.\n 17. "Pier" shall include any wharf, pier, dock or quay.\n 18. "Pier superintendent" shall mean any natural person other than a\nlongshore worker who is employed for work at a pier or other waterfront\nterminal by a carrier of freight by water or a stevedore and whose work\nat such pier or other waterfront terminal includes the supervision,\ndirectly or indirectly, of the work of longshore workers.\n 19. "Port of New York district" shall mean the district created by\narticle II of the compact dated April thirtieth, nineteen hundred\ntwenty-one, between the states of New York and New Jersey, authorized by\nchapter one hundred fifty-four of the laws of New York of nineteen\nhundred twenty-one and chapter one hundred fifty-one of the laws of New\nJersey of nineteen hundred twenty-one.\n 20. "Security officer" shall include any security officer, gate\nperson, rounds person, detective, guard, guardian or protector of\nproperty employed by the operator of any pier or other waterfront\nterminal or by a carrier of freight by water to perform services in such\ncapacity on any pier or other waterfront terminal.\n 21. The term "select any longshore worker for employment" in the\ndefinition of a hiring agent in this section shall include selection of\na person for the commencement or continuation of employment as a\nlongshore worker, or the denial or termination of employment as a\nlongshore worker.\n 22. "Stevedore" shall mean:\n (a) a contractor (not including an employee) engaged for compensation\npursuant to a contract or arrangement with a carrier of freight by\nwater, in moving waterborne freight carried or consigned for carriage by\nsuch carrier on vessels of such carrier berthed at piers, on piers at\nwhich such vessels are berthed or at other waterfront terminals; or\n (b) a contractor engaged for compensation pursuant to a contract or\narrangement with the United States, any state or territory thereof, or\nany department, division, board, commission or authority of one or more\nof the foregoing, in moving freight carried or consigned for carriage\nbetween any point in the port of New York district and a point outside\nsaid district on vessels of such a public agency berthed at piers, on\npiers at which such vessels are berthed or at other waterfront\nterminals; or\n (c) a contractor (not including an employee) engaged for compensation\npursuant to a contract or arrangement with any person to perform labor\nor services incidental to the movement of waterborne freight on vessels\nberthed at piers, on piers or at other waterfront terminals, including,\nbut not limited to, cargo storage, cargo repairing, coopering, general\nmaintenance, mechanical and miscellaneous work, horse and cattle\nfitting, grain ceiling, and marine carpentry; or\n (d) a contractor (not including an employee) engaged for compensation\npursuant to a contract or arrangement with any other person to perform\nlabor or services involving, or incidental to, the movement of freight\ninto or out of containers (which have been or which will be carried by a\ncarrier of freight by water) on vessels berthed at piers, on piers or at\nother waterfront terminals.\n 23. "Terrorist group" shall mean a group associated, affiliated or\nfunded in whole or in part by a terrorist organization designated by the\nsecretary of state in accordance with section two hundred nineteen of\nthe immigration and nationality act, as amended from time to time, or\nany other organization which assists, funds or engages in acts of\nterrorism as defined in the laws of the United States, or of the state\nof New York, including, but not limited to, subdivision one of section\n490.05 of the penal law.\n 24. "Waterborne freight" shall mean freight carried by or consigned\nfor carriage by carriers of freight by water, and shall also include\nfreight described in subdivision fifteen and paragraphs (b) and (d) of\nsubdivision twenty-two of this section, and ships' stores, baggage and\nmail carried by or consigned for carriage by carriers of freight by\nwater.\n 25. "Witness" shall mean any person whose testimony is desired in any\ninvestigation, interview or other proceeding conducted by the commission\npursuant to the provisions of section five hundred thirty-four of this\narticle.\n