§ 534-J — List of qualified longshore workers for employment as checkers

§ 534-j. List of qualified longshore workers for employment as\ncheckers. 1. The commission shall maintain within the longshore workers'\nregister a list of all qualified longshore workers eligible, as provided\nin this section, for employment as checkers in the port of New York\ndistrict in this state. No person shall act as a checker within the port\nof New York district in this state unless at the time such person is\nincluded in the longshore workers' register as a checker, and no person\nshall employ another to work as a checker within the port of New York\ndistrict in this state unless at the time such other person is included\nin the longshore workers' register as a checker.\n 2. Any person applying for inclusion in the longshore workers'\nregister as a checker shall file at any such place and in such manner as\nthe commission shall designate a written statement, signed and verified\nby such person, setting forth the following:\n (a) The full name, residence, place and date of birth and social\nsecurity number of the applicant;\n (b) The present and previous occupations of the applicant, including\nthe places where such person was employed and the names of that person's\nemployers;\n (c) Such further facts and evidence as may be required by the\ncommission to ascertain the character, integrity and identity of the\napplicant.\n 3. No person shall be included in the longshore workers' register as a\nchecker:\n (a) Unless the commission shall be satisfied that the applicant\npossesses good character and integrity;\n (b) If the applicant has, without subsequent pardon, been convicted by\na court of the United States or any state or territory thereof, of the\ncommission of, or the attempt or conspiracy to commit, treason, murder,\nmanslaughter or any crime punishable by death or imprisonment for a term\nexceeding three hundred sixty-four days or any of the following\nmisdemeanors or offenses: illegally using, carrying or possessing a\npistol or another dangerous weapon; making or possessing burglar's\ninstruments; buying or receiving stolen property; unlawful entry of a\nbuilding; aiding an escape from prison; unlawfully possessing,\npossessing with intent to distribute, sale or distribution of a\ncontrolled dangerous substance (controlled substance) or a controlled\ndangerous substance analog (controlled substance analog); petty larceny,\nwhere the evidence shows the property was stolen from a vessel, pier or\nother waterfront terminal; and violation of the act. Any such applicant\nineligible for inclusion in the longshore workers' register as a checker\nby reason of any such conviction may submit satisfactory evidence to the\ncommission that the person has for a period of not less than five years,\nmeasured as provided in this section, and up to the time of application,\nso acted in a manner as to warrant inclusion in the longshore workers'\nregister as a checker, in which event the commission may, in its\ndiscretion, issue an order removing such ineligibility. The aforesaid\nperiod of five years shall be measured either from the date of payment\nof any fine imposed upon such person or the suspension of sentence or\nfrom the date of such person's unrevoked release from custody by parole,\ncommutation or termination of such person's sentence;\n (c) If the applicant knowingly or willfully advocates the desirability\nof overthrowing or destroying the government of the United States by\nforce or violence or shall be a member of a group which advocates such\ndesirability, knowing the purposes of such group include such advocacy.\n 4. When the application shall have been examined and such further\ninquiry and investigation made as the commission shall deem proper and\nwhen the commission shall be satisfied therefrom that the applicant\npossesses the qualifications and requirements prescribed by this\nsection, the commission shall include the applicant in the longshore\nworkers' register as a checker. The commission may permit temporary\nregistration as a checker to any applicant under this section pending\nfinal action on an application made for such registration, under such\nterms and conditions as the commission may prescribe, which shall be\nvalid for a period to be fixed by the commission, not in excess of six\nmonths.\n 5. The commission shall have power to reprimand any checker registered\nunder this section or to remove such person from the longshore workers'\nregister as a checker for such period of time 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 as a checker upon original application;\n (b) Fraud, deceit or misrepresentation in securing inclusion in the\nlongshore workers' register as a checker or in the conduct of the\nregistered activity;\n (c) Violation of any of the provisions of this act;\n (d) Criminal possession of a controlled substance or criminal sale of\na controlled substance;\n (e) Inducing or otherwise aiding or abetting any person to violate the\nterms of this act;\n (f) Paying, giving, causing to be paid or given or offering to pay or\ngive to any person any valuable consideration to induce such other\nperson to violate any provision of this act or to induce any public\nofficer, agent or employee to fail to perform the person's duty under\nthis act;\n (g) Consorting with known criminals for an unlawful purpose, provided,\nhowever, that consorting without unlawful purpose shall be insufficient\ngrounds for reprimand;\n (h) 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 workers'\nregister without satisfactory explanation;\n (i) False impersonation of another longshore worker or of another\nperson licensed under this act.\n 6. 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 as a checker in the event that the\nholder thereof has been removed from the longshore workers' register as\na checker.\n 7. Any applicant ineligible for inclusion in the longshore workers'\nregister as a checker by reason of the provisions of paragraph (b) of\nsubdivision three of this section may petition for and the commission\nmay issue an order removing the ineligibility. A petition for an order\nto remove ineligibility may be made to the commission before or after\nthe hearing required by section five hundred thirty-four-n of this\narticle.\n 8. Nothing contained in this section shall be construed to limit in\nany way any rights of labor reserved by section five hundred\nthirty-four-q of this article.\n