§ 534-K — Regularization of longshore workers' employment

§ 534-k. Regularization of longshore workers' employment. 1. The\ncommission shall, at regular intervals, remove from the longshore\nworkers' register any person who shall have been registered for at least\nnine months and who shall have failed during the preceding six calendar\nmonths either to have worked as a longshore worker in the port of New\nYork district or to have applied for employment as a longshore worker at\nan employment information center in the port of New York district for\nsuch minimum number of days as shall have been established by the\ncommission pursuant to subdivision two of this section.\n 2. On or before each succeeding first day of June or December, the\ncommission shall, for the purposes of subdivision one of this section,\nestablish for the six-month period beginning on each such date a minimum\nnumber of days and the distribution of such days during such period.\n 3. In establishing any such minimum number of days or period, the\ncommission shall observe the following standards:\n (a) To encourage as far as practicable the regularization of the\nemployment of longshore workers;\n (b) To bring the number of eligible longshore workers more closely\ninto balance with the demand for longshore workers' services within the\nport of New York district in this state without reducing the number of\neligible longshore workers below that necessary to meet the requirements\nof longshore workers in the port of New York district in this state;\n (c) To eliminate oppressive, unlawful, discriminatory, and corrupt\nhiring practices affecting longshore workers and waterborne commerce in\nthe port of New York district in this state; and\n (d) To eliminate unlawful practices injurious to waterfront labor.\n 4. A longshore worker who has been removed from the longshore workers'\nregister pursuant to this section may seek reinstatement upon fulfilling\nthe same requirements as for initial inclusion in the longshore workers'\nregister, but not before the expiration of one year from the date of\nremoval, except that immediate reinstatement shall be made upon proper\nshowing that the registrant's failure to work or apply for work the\nminimum number of days above described was caused by the fact that the\nregistrant was engaged in the military service of the United States or\nwas incapacitated by ill health, physical injury, or other good cause.\n 5. Notwithstanding any other provision of this article, the commission\nshall at any time have the power to register longshore workers on a\ntemporary basis to meet special or emergency needs.\n 6. Notwithstanding any other provisions of this section, the\ncommission shall have the power to remove from the longshore workers'\nregister any person (including those persons registered as longshore\nworkers for less than nine months) who shall have failed to have worked\nas a longshore worker in the port of New York district for such minimum\nnumber of days during a period of time as shall have been established by\nthe commission. In administering this section, the commission, in its\ndiscretion, may count applications for employment as a longshore worker\nat an employment information center established under section five\nhundred thirty-four-o of this article as constituting actual work as a\nlongshore worker, provided, however, that the commission shall count as\nactual work the compensation received by any longshore worker pursuant\nto the guaranteed wage provisions of any collective bargaining agreement\nrelating to longshore workers. Prior to the commencement of any period\nof time established by the commission pursuant to this section, the\ncommission shall establish for such period the minimum number of days of\nwork required and the distribution of such days during such period and\nshall also determine whether or not application for employment as a\nlongshore worker shall be counted as constituting actual work as a\nlongshore worker. The commission may classify longshore workers\naccording to length of service as a longshore worker and such other\ncriteria as may be reasonable and necessary to carry out the provisions\nof this act. The commission shall have the power to vary the\nrequirements of this section with respect to their application to the\nvarious classifications of longshore workers. In administering this\nsection, the commission shall observe the standards set forth in section\nfive hundred thirty-four-l of this article. Nothing in this section\nshall be construed to modify, limit or restrict in any way any of the\nrights protected by section five hundred thirty-four-q of this article.\n