§ 534-I — Longshore workers' register

§ 534-i. Longshore workers' register. 1. The commission shall maintain\na longshore workers' register in which shall be included all qualified\nlongshore workers eligible, as provided, for employment as such in the\nport of New York district in this state. No person shall act as a\nlongshore worker within the port of New York district in this state\nunless at the time such person is included in the longshore workers'\nregister, and no person shall employ another to work as a longshore\nworker within the port of New York district in this state unless at the\ntime such other person is included in the longshore workers' register.\n 2. Any person applying for inclusion in the longshore workers'\nregister shall file at such place and in such manner as the commission\nshall designate a written statement, signed and verified by such person,\nsetting forth the person's full name, residence address, social security\nnumber, and such further facts and evidence as the commission may\nprescribe to establish the identity of such person and the person's\ncriminal record, if any.\n 3. The commission may in its discretion deny application for inclusion\nin the longshore workers' register by a person:\n (a) Who has been convicted by a court of the United States or any\nstate or territory thereof, without subsequent pardon, of treason,\nmurder, manslaughter or of any crime punishable by death or imprisonment\nfor a term exceeding three hundred sixty-four days or of any of the\nmisdemeanors or offenses described in paragraph (b) of subdivision three\nof section five hundred thirty-four-f of this article or of attempt or\nconspiracy to commit any of such crimes;\n (b) Who knowingly or willingly advocates the desirability of\noverthrowing or destroying the government of the United States by force\nor violence or who shall be a member of a group which advocates such\ndesirability knowing the purposes of such group include such advocacy;\n (c) Whose presence at the piers or other waterfront terminals in the\nport of New York district in this state is found by the commission on\nthe basis of the facts and evidence before it, to constitute a danger to\nthe public peace or safety.\n 4. Unless the commission shall determine to exclude the applicant from\nthe longshore workers' register on a ground set forth in subdivision\nthree of this section it shall include such person in the longshore\nworkers' register. The commission shall issue a determination within\nthirty days of receipt of the application provided, however, that this\ntime requirement shall not apply for any period of delay caused or\nrequested by the applicant. If the commission cannot make a\ndetermination within that time, it shall notify the applicant that the\napplication is still under review. The commission may permit temporary\nregistration of any applicant under the provisions of this section\npending final action on an application made for such registration. Any\nsuch temporary registration shall be valid for a period not in excess of\nsix months.\n 5. The commission shall have power to reprimand any longshore worker\nregistered under this section or to remove that person from the\nlongshore workers' register for such period as it deems in the public\ninterest for any of the following offenses:\n (a) Conviction of a crime or other cause which would permit\ndisqualification of such person from inclusion in the longshore workers'\nregister upon original application;\n (b) Fraud, deceit or misrepresentation in securing inclusion in the\nlongshore workers' register;\n (c) Transfer or surrender of possession to any person either\ntemporarily or permanently of any card or other means of identification\nissued by the commission as evidence of inclusion in the longshore\nworkers' register, without satisfactory explanation;\n (d) False impersonation of another longshore worker registered under\nthis section or of another person licensed under this act;\n (e) Willful commission of or willful attempt to commit at or on a\nwaterfront terminal or adjacent highway any act of physical injury to\nany other person or of willful damage to or misappropriation of any\nother person's property, unless justified or excused by law; and\n (f) Any other offense described in paragraphs (c), (d), (e), and (f)\nof subdivision seven of section five hundred thirty-four-f of this\narticle.\n 6. Whenever, as a result of legislative amendments to this act or of a\nruling by the commission, registration as a longshore worker is required\nfor any person to continue employment, such person shall be registered\nas a longshore worker without regard to the provisions of section five\nhundred thirty-four-l of this article, provided, however, that such\nperson satisfies all the other requirements of this act for registration\nas a longshore worker.\n 7. The commission shall have the right to recover possession of any\ncard or other means of identification issued as evidence of inclusion in\nthe longshore workers' register if the holder thereof has been removed\nfrom the longshore workers' register.\n 8. Nothing contained in this article shall be construed to limit in\nany way any rights of labor reserved by section five hundred\nthirty-four-q of this article.\n