New Jersey Administrative Code
Title 19 - OTHER AGENCIES
Subtitle AA - WATERFRONT COMMISSION OF NEW YORK HARBOR
Section AA - WATERFRONT COMMISSION OF NEW YORK HARBOR

(a) For the purposes of these Regulations, unless the context clearly requires otherwise, the definitions contained in the Waterfront Commission Act shall be used. Waterfront Commission Act (hereinafter referred to as the Act) shall mean chapter 882 of New York Laws of 1953 and chapter 202 of New Jersey Laws of 1953, both as amended and supplemented, and shall include the Waterfront Commission Compact (part I of the Act) as consented to by chapter 407 of Public Law 252 of the 83rd Congress (August 12, 1953), and all concurrent legislation enacted by the States of New York and New Jersey pursuant to or in furtherance of the Act.

(b) All references to the masculine gender in these Regulations shall be deemed to include the feminine gender.

(a) A subpoena, including a subpoena duces tecum, may be issued by any officer, agent or employee who has been duly authorized by resolution of the commission to issue such subpoenas. A subpoena shall state the section of the Act pursuant to which it is issued.

(b) A subpoena shall be personally served. Personal service shall consist of either placing the subpoena in the hand of the person named therein or of touching his person with the subpoena and informing him that it is a subpoena of the Waterfront Commission of New York Harbor. A subpoena may be returnable on any day except Sunday at any time between 8:00 a.m. and 9:00 p.m.

(c) Tender of witness fees is not required. A person, other than an applicant or a respondent or an officer, director or shareholder of an applicant or respondent, subpoenaed by the commission to appear at any interview, hearing or other proceeding, conducted by the commission is entitled to $ 40 per day for each day's actual attendance if he appears pursuant to a subpoena or a subpoena duces tecum. If a person, other than an applicant or a respondent or an officer, director or shareholder of an applicant or respondent, so subpoenaed resides more than three miles from the place of attendance, he shall also be entitled to reimbursement for each mile going from the place of residence to the place of attendance at the prevailing mileage reimbursement rate as set by the Internal Revenue Service. Such fee shall be payable by the secretary of the Commission upon demand by the person subpoenaed after actual attendance, upon certification thereof by an officer, agent or employee of the commission.

Historical Note

Sec. amd. filed July 2, 1993 eff. July 2, 1993

Sec. amd. filed Nov. 26, 2008 eff. Nov. 26, 2008

(a) Unless otherwise provided by regulation, all notices and petitions to the commission shall be given in writing and delivered by first class mail or by hand, addressed to the Waterfront Commission of New York Harbor, at its main administrative offices. If delivered by mail, notice shall be deemed given only when actually received.

(b) All notices and communications from the commission, other than those specified in section 6.3, infra, shall be duly served if enclosed in a properly post paid wrapper addressed to the person to be notified or communicated with at the address last given by him in writing to the commission and deposited, as ordinary mail, in a post office, post office box, or mail chute maintained by the United States government, or if such notice or communication addressed to such person is delivered to such address by telegram or by registered or certified mail or by an employee or agent of the commission. Such service shall be deemed as having been made in the regular course of the business of the commission, without any certification of such service by an employee or agent of the commission. For the purpose of calculating the time of notice, service shall be considered effected upon the date of delivery to such address; provided that, where service is by ordinary mail, service shall be considered effective the third day after the mailing.

1.8 Withdrawal of applications and petitions and surrender of licenses and registrations.

Applications or petitions submitted to the commission may be withdrawn only with the permission of the commission. Licenses or registrations may be surrendered only with the permission of the commission. Such permission may be granted unconditionally or "with prejudice". The pendency of such application or petition to withdraw or to surrender shall not prevent the ordering of a hearing or the continuance of a hearing under sections 1 or 3 of article XI of the Act, as appropriate.

(a) the applicant or prospective licensee has refused to complete the application, or to appear for or complete an interview, or a physical examination as required by section 5.5, infra, or otherwise to provide additional facts or evidence requested by the commission to enable it to ascertain whether the application should be granted; or

(b) the temporary permit or temporary registration has been obtained by fraud; or

(c) the continuance of the temporary permit or temporary registration is inimicable to the public peace and safety.

1.18 Petition for an order to remove an ineligibility for a license or registration by reason of criminal conviction.

A petition for an order to remove an ineligibility for a license or registration by reason of a criminal conviction pursuant to section 3(b) of article V, section 3(e) of article VI, section 5-j of Part II, and section 5-n (subd. 3, par.) of Part II of the Act, shall be made on forms furnished by the commission. Such petition may be submitted with the application for a license or registration. The petitioner may submit evidence of a pardon for the disqualifying crime in the form of the original or a photocopy of such pardon. Any petitioner who desires to offer evidence to satisfy the commission that he has conducted himself for a period of not less than five years in such manner as to warrant the granting of a license or registration shall attach to his application the original or a photocopy of any certificate of good conduct, official statement, or other form of relief from disabilities arising from the conviction, which may be issued by a court of competent jurisdiction, a board of parole, or similar authority, and any other evidence, such as letters of character reference, as he may deem relevant to the granting of a license or registration. The commission may require additional evidence, to be submitted upon forms as may be prescribed by the commission, as it deems necessary.

(a) Any person whose application for a license has been denied or whose license has been revoked, or any person whose application for registration has been denied or whose registration has been revoked and who has never before submitted an application or petition to the commission seeking inclusion in the register after the final order of denial or revocation of registration by the commission, may, upon application to the commission, be granted leave to apply for a probationary registration or license. Any such person whose application for registration has been denied or whose registration has been revoked must file his application for a probationary registration within one year of the commission's final order of denial or revocation. (For the purposes of this section, petitions for rehearing or reconsideration made substantially contemporaneously with the commission's order of denial or revocation of registration shall not be considered as constituting a prior application or petition to the commission which seeks inclusion in the register.) Any person who is ineligible to apply for probationary registration pursuant to the foregoing provisions of this section may apply to the commission for the removal of his ineligibility so that such person would not be disqualified, because of his previous denial or revocation, from applying for registration upon the next occasion that the commission opens the register pursuant to section 5-p of the Act.

(b)

(c)

(d)

(e) If during the six month period of probation the commission does not receive any information indicating that the probationer has violated any of the provisions of the Act or any of the terms and conditions imposed or any other laws, the staff supervisor assigned to review the conduct of the probationer shall, immediately prior to the expiration of the six month probationary period, determine and recommend to the commission whether to terminate the probationary status or whether to continue it for an additional six month period. The same procedure shall be followed upon the expiration of any additional probationary periods.

(f) If the staff supervisor shall receive information indicating that the terms and conditions of probation have been violated by the probationer, or that the probationer has violated any of the provisions of the Waterfront Commission Act or any other laws, the staff supervisor shall, upon receipt of appropriate evidence of such violation, recommend that a hearing be held to determine whether the probationary terms and conditions, or whether any of the provisions of the Waterfront Commission Act or any other laws, have been violated by the probationer.

(g) If the staff supervisor's recommendation for a hearing is approved, he shall give the probationer sufficient notice of the time and place of said hearing and of the issues to be considered at such hearing. The hearing shall be conducted by a person designated by the commission, who shall have the authority and powers of an administrative judge under section 6.9. The probationer shall have an opportunity to appear at such hearing and may be assisted or represented by counsel or any qualified person, including the probationer's sponsor, and shall be so advised in the notice of hearing. At the hearing, the probationer may testify in his own behalf and may present witnesses in his own behalf. If the alleged violations to be heard are of such a nature that the commission is of the opinion that the continuance of the probationary status pending the outcome of the hearing is inimical to the public peace or safety, the commission may order the immediate suspension of the probationary registration or license pending final determination of the hearing.

(h) After the conclusion of the hearing, the person conducting the hearing shall make such findings as he deems appropriate upon the issues contained in the notice of hearing, and shall submit such findings to the commission, together with his recommendation for revocation or continuance of the probationary status upon any additional terms or conditions as he may deem appropriate.

(i) The commission shall determine, upon consideration of the findings and recommendations and any other pertinent information that may be submitted or received, whether the probationary status shall be revoked or continued, and, if continued, whether any additional terms and conditions of probation shall be imposed.

Historical Note

Sec. amd. filed Jan. 12, 1967; eff. Jan. 18, 1967.

Substituted new (a).

(a) The records of the commission shall be made available for public inspection and copying, except that access may be denied as to records or portions thereof which:

(b) Requests for inspection or copying of the records of the commission shall be made to the secretary of the commission upon a form prescribed by the commission and shall contain sufficient information to identify the particular record sought. Such requests shall be made either:

(c) Upon receipt of a request, the secretary shall promptly determine whether or not the records requested can be made available and will notify the person making the request of such determination. If the request is granted, such person shall also be notified where and when the records will be made available. The commission will provide an opportunity for inspection and copying of the records at a time and place it deems feasible.

(d) The records may be inspected only under the supervision of the secretary of the commission, or such other officer or employee as may be designated by the secretary, in the commission's office during regular business hours or at such other times or places as the secretary deems convenient.

(e) Each request must be responded to within 10 business days of the receipt thereof, with reasons being given for denial of access or copying or a statement of the time and place when the record request will be made available. Any person denied access to a record of the commission by the secretary of the commission may, within 30 days, file an appeal in writing from such denial with the commission's general counsel. Such appeal may be accompanied by a memorandum in support thereof setting forth the reasons why the appellant is entitled to access to the record requested. Such appeals shall be decided by the general counsel. If the appeal is denied, the reasons therefor shall be explained fully in writing within seven business days of the date on which such appeal is received by the general counsel.

(f) Documents which are to be copied, including stenotype reporter transcriptions, will be copied by the commission, if practicable, and the person requesting a copy will be charged a fee of $ 1.00 for each page not exceeding 8 1/2 x 14 inches. If it is not practicable for the commission to copy such documents, they will be copied commercially and the person requesting the copy will be charged a fee equal to the commission's cost for such commercial reproduction. A fee of $ 5.00 will be charged for certification by the secretary of the commission as to the authenticity of any document, or that a record of which the commission is legal custodian cannot be found. In the event a search for records requested requires more than one-half hour, a search fee will be charged at the rate of not less than $ 7.25 per hour or any part thereof, per person assigned to such search. All such fees shall be paid by the person making the request in cash, certified check or bank cashier's check, in advance or at the time of the delivery of any record for inspection or copies of any records or certificate referred to in this subdivision.

Historical Note

Sec. amd. filed Mar. 10, 1975; repealed, new filed Feb. 17, 1978 eff. Feb. 17, 1978.

Sec. amd. filed September 8, 2011 eff. September 8, 2011.

(a) A person will be considered a "pier superintendent" whenever:

(b) A person will be considered a "hiring agent" whenever he, on behalf of a carrier or freight by water or a stevedore or on behalf of any other person, shall select any registrant for employment. The term "select any registrant for employment" shall include selection of a person for the commencement or continuation of employment as a registrant, or the denial or termination of employment as a registrant.

(a) No person except the employer shall participate in any way, directly, or indirectly, in the identification, selection or designation of a person for employment as a pier superintendent, hiring agent or other person designated pursuant to section 7.44, infra. No person shall use, or attempt or threaten to use, any force, violence or restraint; or inflict or attempt or threaten to inflict any injury, damage, harm or loss; or coerce, or attempt to coerce, by threat or discrimination, violence or economic reprisal; or in any other way practice intimidation upon or against any employer in order to induce or compel said employer to select for or retain in employment any person as a pier superintendent, hiring agent or other person designated pursuant to section 7.44, infra. No person shall prevent, attempt to prevent, or otherwise interfere with the free exercise of discretion by any employer in selecting for or retaining in employment any person as a pier superintendent, hiring agent or other person designated pursuant to section 7.44, infra. No person shall pay or give, or offer or agree to pay or give any valuable consideration to any person for the purpose of directly or indirectly influencing the discretion of any employer in selecting for or retaining in employment any person as a pier superintendent, hiring agent or other person designated pursuant to section 7.44, infra.

(b) No employer shall receive any benefit from any person for the purpose of directly or indirectly influencing the discretion of the employer in selecting for or retaining in employment any person as a pier superintendent, hiring agent or other person designated pursuant to section 7.44, infra.

2.10 Notification by employer of termination of licensee's employment and return of evidence of license.

Upon the termination of the employment of a licensee, without any understanding or arrangement for reemployment, or in the event of the failure of the applicant (employer) to employ the licensee within 30 days after issuance of the license, the applicant (employer) shall forthwith notify the commission of such termination of employment or failure to employ and return to the commission any license, badge or other evidence of issuance of a license in its possession.

(a) Every pier superintendent shall immediately report to the commission any theft or attempted theft.

(b) Every pier superintendent referred to in subdivision (b) of this section shall immediately supply the commission with a copy of the first report of accident concerning any longshoreman or checker who claims to have been injured:

(a) A stevedore license is required by any person (other than an employee) who is engaged under a contract or other arrangement with a carrier of freight by water or a licensed stevedore or, with respect to subdivision (a)(2) and (a)(3) below only, any person within the meaning of that term contained in Part II, § 5-a (6)(c) of the Act (1969 amendments)) (including a parent corporation or a subsidiary corporation of such carrier or licensed stevedore or "any person"):

(b) A stevedore license shall not be required:

(c) A carrier of freight by water shall not require a stevedore license even though it may perform all or part of the services for which a stevedore license would be required when performed by any other person, provided that such services are performed on its own account, or on account of a parent corporation or a subsidiary corporation of such carrier, or as accommodation, not in the regular course of its business, at its own pier for another carrier of freight by water, or as part of its services for another carrier of freight by water for which it is a general agent.

(a) a license for the performance of general stevedoring service, including clerking and checking services;

(b) a license restricted to the performance of all or any part of cooperage, carpentry, maintenance or other related services incidental to the movement of waterborne freight including those enumerated in sections 3.2(a)(2) or (3).

3.8 Notification of stevedore contracts and changes in corporate management, ownership and capitalization.

Every licensed stevedore shall notify the commission forthwith, and in detail, of any of the following events:

(a) the making or execution of any term contract or arrangement for stevedoring services with a carrier of freight by water and of the termination or cancellation of such contract, but such notification shall not be required with respect to oral or written "spot" contracts or arrangements entered into with a carrier of freight by water or its agent for a single vessel operation; and

(b) any change in the officers, directors, and/or stockholders owning five per cent or more of the capital stock of any class or any change in the capitalization of the corporation.

(a) Every licensed stevedore shall maintain a complete set of books and records containing:

(b) All books and records enumerated in (a) above shall be available during business hours for inspection by the commission and its duly designated representatives until the expiration of the fifth calendar year following the calendar year during which occurred the transaction or labor performed recorded therein.

(a) Every disbursement for goods or services in the amount of $ 100 or more shall show the account to be charged and shall be supported by a voucher or other paid receipt giving a description of the goods or services, the name of the payee, the amount and the date.

(b) Every disbursement for goods or services in an amount less than $ 100 shall be supported by at least a signed petty cash slip or other written record describing the disbursement.

(c) Every disbursement in the amount of $ 100 or more for travel shall be supported by a voucher or other paid receipt which shall state who did the travelling, the place travelled to, the date, and the amount disbursed.

(d) Every disbursement in the amount of $ 100 or more for entertainment shall be supported by a voucher or other paid receipt which shall state who did the entertaining, the place and date of the entertainment, the names of the persons entertained and the amount disbursed.

(e) Every disbursement for travel or entertainment in an amount less than $ 100 shall be supported at least by a signed petty cash slip or other written record describing the disbursement.

(f) Every disbursement in the amount of $ 25 or more for a gift or gratuity shall be supported by a voucher or other written record which shall show the name of the person in authority who made or authorized the disbursement, the name of the person who received it, the amount, date, and the business or other purpose for the gift or gratuity.

(a) Every licensed stevedore shall, within 24 hours of discovery, in a manner set forth and/or on forms furnished by the commission, file a report for each pier or other waterfront terminal at which it performs any stevedore services of all thefts and losses of waterborne freight and company owned, or leased, equipment or supplies occurring under suspicious circumstances and such other information as the commission may require.

(b) Every licensed stevedore shall immediately supply the commission with a copy of the first report of accident concerning any longshoreman or checker who claims to have been injured (1) where the stevedore has reason to believe that the longshoreman or checker has made or may be making a false claim for compensation benefits or (2) where the longshoreman or checker does not work because of his claimed injuries for 14 days or more.

Historical Note

Sec. amd. filed Jan. 3, 1977 eff. Jan. 3, 1977

Amended title and added (b).

Sec. amd. filed March 13, 2013 eff. March 13, 2013.

(a) Inclusion in the longshoremen's register as a longshoreman is required for any person:

(b) inclusion in the longshoremen's register as a longshoreman is not required for:

(a) A longshoremen's register shall be maintained in the offices of the commission. Copies shall be kept and exhibited at each commission employment information center.

(b) The register shall be divided as follows:

(c) No application shall be accepted from any person seeking inclusion in the deep-sea register unless the commission at such time has determined to accept such applications.

(d) No application shall be accepted from any person seeking inclusion in the "A" register unless that person is sponsored for employment by a stevedore or by any person, within the meaning of those terms contained in the 1969 amendments to the Act (NY Laws 1969, ch. 953; NJ Laws 1969, ch. 128). The sponsoring employer shall submit a letter setting forth the name and address of the person, and the labor service(s) to be performed, and shall certify that the selection of the person so sponsored was made in a fair and nondiscriminatory basis in accordance with the requirements of the laws of the United States and the States of New York and New Jersey dealing with equal employment opportunities.

Historical Note

Sec. amd. filed September 13, 2013 eff. September 13, 2013.

(a) that an emergency exists involving the protection of the public health or safety, setting forth the facts and details of such emergency for each ship;

(b) that only regular employees of his company will be used for this purpose;

(c) that no one will be used who has been denied registration or whose registration has been previously revoked by the commission, or is under present suspension;

(d) that no one will be used who, to the best knowledge of the employer, has a criminal record;

(e) that the employer will maintain accurate records of the names of persons so used and their time and place of assignment;

(f) that such records will be available for inspection by commission personnel at the direction of the executive director in the event such records become necessary for an investigation conducted by the commission or other law enforcement agency;

(g) That anyone so used by the employer will be removed immediately at the request of the executive director.

(a) The port watchman is assigned to a company's facilities to protect all property within the limits of the facility and to protect the lives of employees and others on the property. This includes:

(b) The port watchman is not a police officer, nor does he/she have any police powers of arrest. The port watchman's rights and powers are no more and no less than those of any U.S. citizen. The port watchman is subject to civil suit for false arrest or imprisonment under any circumstances if the Security Officer detains someone illegally. The port watchman's duty is to prevent rather than to apprehend. The port watchman is under a duty to notify law enforcement authorities of any criminal conduct they become aware of or observe.

Historical Note

Sec. added July 15, 2004 filed July 15, 2004 eff. July 15, 2004.

(a) A port watchman shall mean any person employed directly or indirectly, by contract or other arrangement, by the operator of a pier or other waterfront terminal, or by a carrier of freight by water, to perform services as a guardian or protector of property on any pier or other waterfront terminal.

Port watchman shall be classified and designated as follows (any referenced to port watchman in these regulations is deemed to include all three classifications and designations set forth below):

(b) Persons employed exclusively as protectors or guardians of persons (as distinguished from property) or exclusively in the protection or guarding of ships or vessels not included in the definition of carrier of freight by water, or cargo not included in the definition of waterborne freight, or for work on a pier or waterfront terminal not used for waterborne freight, shall not be deemed to be a port watchman and shall not be required to obtain a license from the commission.

Historical Note

Sec. amds. filed Oct. 17, 1966.

Sec. amds. filed July 2, 1993 eff. July 2, 1993.

Sec. amds. filed July 15, 2004 eff. July 15, 2004. Amended (a) (1) (2), Added (a)(3), Amended (b).

Sec. amds. filed April 14, 2006, eff. April 14, 2006. Amended (a)(1).

(a) An application for a license to act as a security officer, a supervisory security officer, or a management security officer shall be made under oath on a form approved and furnished by the commission and shall include:

(b) All applicants for a license to act as a security officer and supervisory security officer shall:

(c) All applicants for a license to act as a management security officer shall:

(d) Pending final action on an application made for such a license, the commission may issue a temporary permit to any applicant, any such temporary permit may be issued under such terms and conditions as the commission may prescribe and shall be valid for a period to be fixed by the commission not in excess of six months.

Historical Note

Sec. amds. Filed: Sept. 18, 1985; July 2, 1993 eff. July 2, 1993. Amended (a) (4);

Sec. amds filed July 15, 2004 eff. July 15, 2004, except (3)(b)(ii) and (4), eff. September 7, 2004. Amended (a) (3), renum. and amended (a) (4) and (5) and (b), added new (a) (4) (5) (6), added new (b) and (c).

(a) A license to act as a port watchman shall continue indefinitely and need not be renewed, provided that the licensee shall meet the requirements of the Waterfront Commission Act and these rules and regulations for such license, and provided further, that the licensee shall comply with the following every three years:

(b)

(a) Is not more than 70 years of age;

(b) Has:

(c) Has not had within three years a history of, and is presently free from symptoms of:

(d) is free from:

(e) Is free of any condition, illness, disease, deformity or psychopathic personality traits, including but not limited to abnormality of weight-height ratio (which shall be determined by utilizing the Metropolitan Life Insurance height-weight table or its medically accepted equivalent and adding thereto or subtracting therefrom weight of not more than 25 percent), hernia, arthritis, peripheral vascular disease, and addiction and habituation to any drug which has psychomotor effects, which by its nature would make him unable or potentially unable to perform any of the duties of a security officer or supervisory security officer, or which might cause his presence upon the waterfront to be hazardous to himself or to endanger the life and property of others.

Historical Note

Sec. amd. Filed March 11, 1970; renum. 5.7, new added by renum. And amd. 5.5, filed Sept. 18, 1985; amd. filed July 2, 1993 eff. July 2, 1993. Amended (b) (3); (e); Sec. amds filed July 15, 2004 eff. July 15, 2004. Amended (a), (b), (c), (d) and (e). Sec. amds filed March 8, 2005 eff. March 8, 2005; Amended (a).

(a) The petitioner's employer joins in the petition, is satisfied with the petitioner's services, and will continue to employ the petitioner; and

(b) The petitioner is physically capable of satisfactorily performing the duties of a security officer or supervisory security officer; and

(c) The petitioner was employed by said employer for a minimum of 500 hours during the preceding year.

Historical Note

Sec. renum. 5.8, new added by renum. and Amd. 5.6, filed Sept. 18, 1985; Sec. amds filed July 15, 2004 eff. July 15, 2004. ). Sec. amds filed March 8, 2005 eff. March 8, 2005; Amended 5.7 and 5.7 (a) & (c).

(a) No holder of a temporary permit or license, who has been previously physically examined by a physician approved by the commission within three years, shall be required to submit to a medical examination pursuant to section 5.5 of this Part, unless specifically required to do so by the commission if he:

(b) No holder of a temporary permit or license, who has been physically examined during the current year by a physician approved by the commission, shall be required to submit to a medical examination pursuant to section 5.5 of this Part, unless specifically required to do so by the commission.

(c) No applicant for a license to act as a Management security officer under section 5.1 (a) 3 of this Part, shall be required to submit to a medical examination or meet the age requirements of section 5.6 of this Part.

Historical Note

Sec. renum. 5.10, new added by renum. And amd. 5.7, filed Sept. 18, 1985; amd. filed July 2, 1993 eff. July 2, 1993. Amended (a), (b).

Sec. amds filed July 15, 2004 eff. July 15, 2004. Amended (a), (b) and (c).

(a) The license or temporary permit of a port watchman shall be cancelled if said person fails to work at least 200 hours during a 12-month period commencing each October 1< st >, unless said failure to work resulted from ill health, physical injury, military service or other good cause.

(b) A person whose license or temporary permit is cancelled for failing to meet the work requirements may reapply for a license, provided that at least one year has expired from the date of cancellation of the license or temporary permit. The one-year period may be waived by the commission for good cause shown.

Historical Note

Sec. renum. 5.11, new filed Sept. 18, 1985.

Sec. amds filed July 15, 2004 eff. July 15, 2004.

(a) No temporary permit or license shall be issued to a security officer or supervisory security officer unless he shall have satisfactorily completed a course of training for security officers and supervisory security officers given by the commission or under the supervision of the commission.

Any course given by employers of security officers or supervisory security officers shall include instruction with respect to protection of cargo, asset protection, human and public relations, report writing, communications, patrols and fixed posts, physical security, crime prevention, fire protection, life safety, criminal law and criminal liability, civil law and civil liability, ethics, professional conduct, investigations, First Aid/C.P.R./AED, hazmat, waterfront security officer rules & regulations, terrorism, law enforcement agencies (F.B.I., State Police, Coast Guard, Customs & Immigrations), Maritime Security Act of 2002, terminal safety & awareness, USMX and/or NYSA orientation and such other topics as may be specified from time to time by the commission, and shall include instruction by commission personnel as the commission shall require.

(b) To maintain the standards of mental fitness prescribed by the commission, every licensed security officer or supervisory security officer, or holder of a temporary permit, once every year shall complete an additional course of training given or approved by the commission.

(c) This section shall not be applicable to management security officers licensed under section 5.1 (a) (3) of this part.

Historical Note

Sec. amd. filed Oct. 17, 1966; renum. 5.12, new added by renum. And amd. 5.8, filed Sept. 18, 1985.

Sec. amds filed July 15, 2004 eff. July 15, 2004. Amended (a), (b) and (c).

(a) All licenses or temporary permits to act as a security officer or supervisory security officer shall expire at the end of the calendar year in which the licensee or the holder of the permit reaches 70 years of age, unless a waiver is obtained pursuant to section 5.7 of this part.

(b) This section shall not be applicable to a management security officer licensed under section 5.1 (a) (3) of this Part.

Historical Note

Sec. amd. filed Sept. 10, 1971; renum. 5.13, new added by renum. And amd. 5.9, filed Sept. 18, 1985.

Sec. amds filed July 15, 2004 eff. July 15, 2004.

(a) Upon the approval of the application, the commission will issue a license to the applicant. Licenses of inland security officers, inland supervisory security officers and management security officers will be limited to employment by the sponsoring employer.

(b) A badge will be issued, or replaced, by the commission to each licensee and holder of a temporary permit, except a management security officer licensed under section 5.1 (a) (3) of this Part, upon payment of a $ 10.00 deposit. All badges shall be issued by and remain the property of the commission. The badge will be worn by each licensee and holder of a temporary permit on the outer garment on the left chest so as to be clearly visible at all times during his tour of duty. Under special circumstances, upon application to the commission by the employer, the requirement to wear a badge while on duty may be waived.

(c) Any licensee or holder of a temporary permit who, without good cause, does not work as a security officer or supervisory security officer for at least three calendar months shall deposit the badge or temporary badge issued him with the commission for safekeeping. A badge or temporary badge will be re-issued to such person upon their return to work as a security officer or supervisory security officer.

(d) The loss of such badge or temporary badge shall be reported by the licensee or holder of a temporary permit to the commission immediately after the loss. Upon proof by affidavit of such loss, a new badge or temporary badge will be issued by the commission.

(e) Each licensee or holder of a temporary permit shall return his license or temporary permit and badge to the commission upon the surrender, suspension, revocation or other termination of such license or permit. Upon such return of the badge, the deposit will be refunded.

Historical Note

Sec. renum. 5.14, new added by renum. 5.10, filed Sept. 18, 1985, amds. Filed: Oct. 5, 1988; July 2, 1993 eff. July 2, 1993. Amended (a).

Sec. amds filed July 15, 2004 eff. July 15, 2004. Amended Amended (a), (b), (c), (d) and (e).

(a) Each security officer and supervisory security officer shall keep in a memorandum book an accurate record of each tour of duty. Such book shall be furnished by and remain the property of the commission and shall be returned to the commission when completed or upon the surrender, suspension or termination of the license or temporary permit.

(b) Such memorandum book shall be carried by every security officer and supervisory security officer while on duty. All entries in such memorandum book shall be legible, written in English and in ink.

(c) Before performing each tour of duty, all security officers and supervisory security officers shall enter in their memorandum books their employer, the date, the tour of duty, the pier and their assignment at such pier, and the time of arrival at their post. During the tour they shall enter a full and accurate record of any thefts or attempted thefts of cargo and unusual occurrences during their tour of duty, indicating the time when and to whom reports of these incidents have been made. If there have been no such incidents, the security officer or supervisor security officer shall write "Nothing to report" at the end of the tour of duty. At the end of the tour of duty, the security officer shall also enter the time out and sign his full name and license number.

(d) All such books shall be available for inspection by the commission at anytime.

Historical Note

Sec. renum. 5.17, new added by renum. 5.13, filed Sept. 18, 1985; amd. filed July 2, 1993 eff. July 2, 1993. Sec. amds filed July 15, 2004 eff. July 15, 2004. Amended (a), (b) and (c).

(a) In addition to any books or records required by the commission to be maintained by security officers and supervisory security officers, every security officer or supervisory security officer assigned to a gate or to guard an entrance or exit to any pier or other waterfront terminal shall maintain a "gate vehicle book" or other record to be furnished or approved by the commission, in which shall be recorded, the names of all occupants of a vehicle entering the gate, upon the security officer's or supervisory security officer's viewing of a photo identification of each occupant, and the license plate and gate pass numbers, if any, of all vehicles and trailers entering and leaving; except, with respect to the following class of vehicles, only a photo identification check of the vehicle's occupants is necessary:

(b) All such gate vehicle records furnished by the commission shall remain the property of the commission and shall be available for inspection by the commission at any time; provided however, such a gate vehicle book or record may be furnished by the terminal operator, and shall remain its property, if it is in a form approved by the commission, kept as a permanent record for a period of five years from the date of the last entry therein and it is available for inspection by the commission at any time.

Historical Note

Sec. amds. Filed: Oct. 17, 1966; Sept. 10, 1971; renum. 5.19, new added by renum. 5.15, Filed Sept. 18, 1985; amd. filed July 2, 1993 eff. July 2, 1993. Amended (b).

Sec. amds filed July 15, 2004 eff. July 15, 2004. Amended (a).

(a) Any license or temporary permit issued to a port watchman may be revoked or suspended for such periods as the commission deems in the public interest, or the licensee reprimanded for any act or conduct in violation of the act or these regulations. Every port watchman is responsible for and subject to these rules and any breach of these rules may result in revocation or suspension of any temporary permit or license.

(b) Among other things, failure by a port watchman to adhere to the following standards of conduct and any terms or conditions of his license or temporary permit, will be considered by the commission in determining whether the license or temporary permit should be revoked or suspended. Every port watchman shall:

GENERAL REQUIREMENTS

OBEY LAWS

(a) The security Officer's uniform consists of:

(b) The uniform shall not be worn, complete or in part, while off duty except as necessary to commute to and from the assigned place of duty.

Historical Note

Sec. renum. 5.21, new added by renum. 5.17, filed Sept. 18, 1985; amd. filed July 2, 1993 eff. July 2, 1993.

Sec. amds filed July 15, 2004 eff. July 15, 2004. Amended (a) and (b) (2), (4) and (5), added (b) (14) - (42).

(a) Sections 5.21 through 5.34 of this Part, inclusive, are designed to effectuate the purposes of the Waterfront Commission Act, as amended and supplemented and to prevent the circumvention and evasion thereof. In particular, these sections are designed to improve the conditions under which security officers and supervisory security officers are employed, to eliminate irregularity of employment, and in accordance with the public policies of the States of New York and New Jersey, and to provide fair and equal employment opportunities by establishing a systematic method of hiring and providing adequate information to port watchmen as to availability of employment opportunities and to waterfront employers as to the available of port watchmen within the port.

(b) Sections 5.21 through 5.34 of this Part, inclusive are not designed and should not be construed to be in conflict with the provisions of article XV of the Act

Historical Note

Sec. renum. 5.23, new added by renum. 5.19, filed Sept. 18, 1985; amd. filed July 2, 1993 eff. July 2, 1993. Amended (b).

Sec. amds filed July 15, 2004 eff. July 15, 2004. Amended (a).

(a) Regular Security Officers shall mean security officers or supervisory security officers who are entitled to receive first priority of employment by a particular employer;

(b) Extra Security Officers shall mean security officers or supervisory security officers who are entitled to receive employment by a particular employer after regular available security officers are employed by that employer.

(c) Casual Security Officers shall mean any regular or extra security officers or supervisory security officers who are not employed by their regular employer on a particular day.

Historical Note

Sec. renum. 5.24, new added by renum. 5.20, filed Sept. 18, 1985.

Sec. amds filed July 15, 2004 eff. July 15, 2004. Amended (a), (b) and (c).

(a) Any employer may, in accordance with sections 5.35 through 5.41 of this Part, inclusive, file lists of his regular security officers and supervisory security officers and of his extra security officers and supervisory security officers. Each list shall include the name, license number and seniority classification of each individual listed.

(b) Any name on any regular list shall not appear on any other regular list filed with the commission.

(c) If such lists are accepted by the commission, copies thereof shall be maintained at the appropriate employment information center.

Historical Note

Sec. renum. 5.26, new added by renum. And amd. 5.22, filed Sept. 18, 1985; amd. filed July 2, 1993 eff. July 2, 1993. Amended (c).

Sec. amds filed July 15, 2004 eff. July 15, 2004.

(a) At their own request:

(b) At the request of the employer who applied for his listing:

(c) Upon the suspension or revocation of his license:

(d) Where the commission determines that he was not listed in conformance with this Part, or that such removal will further the purposes of the Act.

Historical Note

Sec. renum. 5.29, new added by renum. and amd. 5.25, filed Sept. 18, 1985; amd. filed July 2, 1993 eff. July 2, 1993. Amended (c) - (e).

Sec. amds filed July 15, 2004 eff. July 15, 2004. Repealed (e).

(a) All casual security officers (as defined by section 5.22 of this part) must be employed through the appropriate employment information center.

(b) A casual security officer may notify the appropriate employment information center prior to 1 p.m. of his availability for employment for a 4:00 p.m. to 12:00 midnight tour that day, and prior to 3:00 p.m. of his availability for employment for a 12:00 midnight to 8:00 a.m. or an 8:00 a.m. to 4:00 p.m. tour the following day. Between 1:00 p.m. and 2:30 p.m. a representative of an employer shall select in accordance with sections 5.35 through 5.41 of this Part, inclusive, casual security officers for the 4:00 p.m. to 12:00 midnight tour that day and between 3:00 p.m. and 5:00 p.m. casual security officers for the 12:00 midnight to 8:00 a.m. or 8:00 a.m. to 4:00 p.m. tours the following day, from among casual security officers who have previously notified the appropriate employment information center of their availability.

(c) A casual security officer may notify the appropriate employment information center from 12:00 noon to 3:00 p.m. on Friday of his availability for employment on Saturday, Sunday or the 12:00 midnight to 8:00 a.m. tours on Monday. After 3:00 p.m. on Friday a representative of an employer shall select, in accordance with sections 5.35 to 5.41 of this part, inclusive, casual security officers for Saturday, Sunday or for the 12:00 midnight to 8:00 a.m. or 8:00 a.m. to 4:00 p.m. tours on Monday, from among casual security officers who have previously notified the appropriate employment information center of their availability.

(d) If Monday is a holiday, a casual security Officer may notify the appropriate employment information center from 12:00 noon to 3:00 p.m. on Friday of his or her availability for employment for a 4:00 p.m. to 12:00 midnight tour on Monday or the 12:00 midnight to 8:00 a.m. or 8:00 a.m. to 4:00 p.m. tours on Tuesday, For holidays falling on other weekdays, a casual security officer may notify the appropriate employment center prior to 3:00 p.m. on the day prior to the holiday of his availability for employment on the holiday or for the 12:00 midnight to 8:00 a.m. or 8:00 a.m. to 4:00 p.m. tours for the day after the holiday. After 3:00 p.m. on Friday, if the holiday is on Monday or after 3:00 p.m. on the day before the holiday, if the holiday falls on another weekday, a representative of an employer shall select, in accordance with sections 5.35 to 5.41 of this Part, inclusive, casual security officers for employment on the holiday for the 12:00 midnight to 8:00 a.m. or 8:00 a.m. to 4:00 p.m. tours on the day after the holiday from among the casual security officers who have previously notified the appropriate employment information center of the availability.

(e) A casual security officer may also make himself available for work at other times in which case he will be added to the availability list in proper seniority order for subsequent hiring. Representatives of employers may select casual security officers for employment in accordance with sections 5.35 to 5.41 of this Part, inclusive, at other times to meet unforeseen needs.

Historical Note

Sec. renum. 5.34, new added by renum. and amd. 5.30, filed Sept. 18, 1985; repealed, New filed July 2, 1993 eff. July 2, 1993.

Sec. amds filed July 15, 2004 eff. July 15, 2004.

(a) Qualified individuals on the employer's extra security officers list: or

(b) From available qualified individuals on the basis of seniority in the industry.

Historical Note

Sec. renum. 5.41, new added by renum. 5.37, filed Sept. 18, 1985.

Sec. amds filed July 15, 2004 eff. July 15, 2004.

(a) The commission shall not deny any application for a license or registration nor revoke, cancel or suspend any license or registration without giving the party in interest an opportunity to be heard.

(b) Proceedings to revoke, cancel or suspend a license or registration may be instituted by the commission on its own initiative or on complaint of any person, including any public official or agency.

(a) If at the time of hearing a witness is outside the States of New York or New Jersey or is deceased, commission counsel or a party may offer as evidence at the hearing an affidavit or sworn statement of such witness. Such affidavit or sworn statement shall be admissible into evidence as an exhibit, if the statements therein are otherwise competent, relevant and material. The administrative judge shall give the exhibit such weight as the administrative judge, in his discretion, determines that it warrants in the light of all the evidence.

(b) Where it has been determined that a witness who is outside the States of New York or New Jersey will voluntarily answer interrogatories, commission staff counsel or a party may propound interrogatories to be answered by such witness and the other side shall have the opportunity to propound cross-interrogatories as prescribed herein.

(c) The interrogatories and cross-interrogatories shall be settled and forwarded by the administrative judge to be answered in writing and subscribed to under oath by such witness. Upon application to the commission, the commission may make an order providing for the taking of such witness' oral testimony pursuant to the settled interrogatories by a person designated by the commission. The expenses of taking such testimony shall be borne by the applicant therefor unless the commission provides otherwise.

Historical Note

Sec. amd. filed Nov. 4, 1974 eff. Oct. 31, 1974.

(a) Any person having been issued a temporary permit or registration or permanent license or registration by the commission and whose temporary permit or registration has been revoked or annulled by an order of the commission denying an application for a permanent license or registration after a hearing or rehearing or whose permanent license or registration has been revoked by order of the commission after a hearing or rehearing may petition the commission for restoration of his permit, license or registration. Such petition shall be in writing on a form to be furnished by the commission and shall be filed with the commission not less than six months after the final determination of the commission made after the hearing or rehearing and not more often than once each year following the said final determination, unless the commission for good cause shown shall otherwise direct. Any registration, permit or license issued by the commission after a grant of a petition under this section may be subject to the provisions of subdivisions (b) through (i) of section 1.21.

(b) No petition for restoration shall be accepted from any person seeking restoration unless the person is sponsored for employment by a stevedore or by any person, within the meaning of those terms contained in the Act, who is an employer of individuals requiring a registration or a license under the Act, and where proof of sponsorship has been received by the Commission, prior to submission to the Commission of said petition, in the form of a letter submitted by the sponsoring employer.

Historical Note

Sec. added filed July 10, 1972 eff. immediately.

Sec. amd. filed May 1, 2007 eff. May 1, 2007.

(a) This Part is designed to effectuate the purposes of the Act, as amended and supplemented, and to prevent the circumvention and evasion thereof. In particular, it is designed to improve the conditions under which waterfront labor is employed, to eliminate irregularity of employment, fear and insecurity, and, in accordance with the public policies of the States of New York and New Jersey, to provide fair and equal employment opportunities, by establishing a systematic method of hiring and providing adequate information to waterfront workers as to the availability of employment opportunities and to waterfront employers as to the available labor supply within the port.

(b) This Part contains provisions which give waterfront employers the privilege of ordering employees for hire without the personal appearance of such employees at the commission employment information centers, on condition that the employers file with the commission lists of persons they regularly employ on their piers and follow the procedures set forth in this Part for the ordering of their regular and casual employees.

(c) This Part is not designed and should not be construed to be in conflict with the provisions of article XV of the Act.

(a) Regular employees shall mean employees who, as individuals, are entitled to receive first priority of employment at a particular pier or waterfront terminal or with a particular employer.

(b) Supervisory employees shall mean employees who lead, manage and/or supervise other employees, and shall include but are not limited to foremen, assistant foremen, hatch foremen (also known as hatch bosses), dock foremen, stevedore foremen and gangwaymen. Supervisory employees at passenger ship terminals shall include clerk/checker dock bosses, chief clerks, baggage masters and/or those who oversee and direct checkers in the accounting and positioning of baggage for loading and/or discharge.

(c) Gang shall mean a group of longshoremen constituted into a working unit.

(d) Regular gang shall mean a gang which is entitled to receive first priority of employment at a particular pier or waterfront terminal.

(e) Regular-extra gang shall mean a gang which is entitled to receive employment at a particular pier or waterfront terminal after available regular gangs have been employed.

(f) Extra gang shall mean a regular or regular-extra gang not employed on a particular day by the employer listing it as a regular or regular-extra gang.

(g) Voluntary gang shall mean a gang established by the commission on its own initiative, where, in its opinion, such action will further the purposes of the Act.

(h) Section shall mean a geographical division of the port.

(i) Borough or area shall mean a geographical division of the port consisting of one or more sections.

(j) New pier shall mean any pier or terminal which has not regularly been in operation for the movement of waterborne freight within three calendar years prior to its opening.

(k) Reactivated pier shall mean any pier or terminal which has been in operation for the movement of waterborne freight within three calendar years of its reopening, including a newly constructed pier or terminal which has replaced one or more piers or terminals.

(l) Telecommunications system controller (TSC) shall mean a natural person, who is employed by the New York Shipping Association, Inc. and the International Longshoremen's Association, or by a joint board of the New York Shipping Association, Inc. and the International Longshoremen's Association, and who participates in the operation of the telecommunications hiring system (THS).

(m) Workday shall mean Monday through Sunday, for the purposes of the hiring procedures.

(n) Regular working day shall mean Monday through Friday [or Monday through Saturday, if hiring procedures are implemented which include Saturday as a "regular work day" in accordance with Section 7.19 of this Part], exclusive of holidays, for the purpose of the hiring procedures.

Historical Note

Sec. amd. filed July 2, 1993 eff. July 2, 1993.

Sec. amds filed November 24, 2004 eff. November 24, 2004. Added (l) and (m).

Sec. amd. filed September 8, 2011 eff. September 8, 2011.

Sec. amd. filed July 13, 2012 eff. July 13, 2012.

(a) Any employer may, in accordance with section 7.29 through 7.40 of this part, inclusive, file lists on commission forms designating the pier or waterfront terminal for such list, for:

(b) An employer may employ persons as supervisory employees only if such persons are first made part of a regular supervisory employee list. No person shall be added to a regular supervisory employee list unless:

(c) For a period of five (5) years, any employer selecting a person to be added to supervisory employer list shall maintain any and all records evidencing the person's capabilities to lead, manage and/or supervise other employees, and any and all records concerning the employer's consultation with and/or input from the affected Local, the International Longshoremen's Association, and/or any other affected labor organization representing longshoremen for the purposes of collective bargaining, regarding the person's capabilities to lead, manage and/or supervise other employees.

(d) Unless a variance is granted by the commission, any name on any such list shall not appear on any other list filed with the commission, except with respect to supervisory employees whose name may appear on both a supervisory employee list and on the gang list in which they lead, manage and/or supervise other employees. No list shall contain names of persons to be employed at more than one pier or waterfront terminal unless a variance is granted by the Commission.

(e) If such lists are accepted by the commission, copies thereof shall be conspicuously posted and maintained by the employer on a bulletin board at the pier or terminal.

Historical Note

Sec. amd. filed July 13, 2012 eff. July 13, 2012.

(a) Before an employer shall add a gang to or fill a vacancy on a regular or regular-extra gang list or fill a vacancy on or enlarge a regular list, the employer shall notify an employment information center on commission forms and post a copy thereof on the pier or terminal concerned for a period of not less than seven days. The commission shall also post a notice of such job opportunity in each employment information center.

(b) Any prospective employee seeking such listing shall report to the employer's hiring agent or pier superintendent at the pier or terminal where the vacancy exists and apply on an application form supplied by the employer and approved by the commission. At the end of the seven-day period of posting, the employer shall forward to the commission copies of all applications received during that period, together with a commission form upon which shall be entered the names and seniority classifications of all persons who applied during that period and a certification by the employer's hiring agent to the effect that all persons who sought such listing were furnished applications and that all applications received have been forwarded to the commission.

(c) All applications received by the employer after the seven-day period of posting shall be forwarded immediately to the commission, together with a similar listing and certification. At the time of forwarding applications to the commission, the employer shall also post at the pier or waterfront terminal copies of the forms listing the applicants. Copies of the forms listing the applicants shall also be posted in the appropriate employment information center by the commission. The employer may, after the seven-day period of posting, file to add a gang or fill a vacancy or add to a list from job applicants who have applied for the particular job opportunity contained in the notice and who are qualified and able to perform the duties of the job, in accordance with sections 7.29 through 7.40, inclusive, certifying compliance with the pier posting requirements of this section. The employer shall post at the pier or waterfront terminal for a period of 30 days from the date of filing the names of all persons selected. The commission shall also post for a similar period of 30 days in the appropriate employment information center the names of all such persons selected. Such selections may only receive permanent approval by the commission after the expiration of the 30-day posting period.

(d) The provisions of this section shall not apply where an employer makes his selection from persons properly listed on any regular list previously filed with the commission for the particular pier or waterfront terminal pursuant to section 7.5, provided the employer:

(a) Any person may be removed from a list:

(b) A gang may be removed from the register of gangs:

(a) not later than 1:45 p.m. each workday, the employer shall notify the THEIC as to which of its regular and regular-extra gangs and list employees it intends to order during the following 24-hour period and employees and gangs so ordered may report directly to the pier or terminal for work;

(b) not later than 4 p.m. each workday, the employer shall indicate on the bulletin board at the pier or terminal those employees and gangs ordered for employment during the following 24-period hours;

(c) when employment is anticipated for a Saturday [if hiring procedures are not implemented which include Saturday as a "regular work day" in accordance with Section 7.19 of this Part], Sunday, Monday, or a holiday falling on any workday, the requirements of subdivisions (a) and (b) of this section shall be fulfilled on the preceding regular working day;

(d) when employment is anticipated for a workday following any holiday, the requirements of subdivisions (a) and (b) of this section may be fulfilled on the last regular working day preceding the holiday;

(e) where an employer cancels the employment of an employee or a gang, it shall notify the THEIC no later than 7 a.m. on the workday the employee or gang was to report for employment.

Historical Note

Sec. amd. filed July 2, 1993 eff. July 2, 1993.

Sec. amds filed November 24, 2004 eff. November 24, 2004. Amended (a) (b) (c) & (d)

Sec. amd. filed September 8, 2011 eff. September 8, 2011.

7.15 "Quick registration"; weekend casual checkers; limitations.

(a) After satisfying the requirements of section 7.14(a) of this Part and prior to 2:30 p.m., the employer may order ("quick register") individual members of its gangs or lists, not previously validated for the following workday, as dock or terminal employees or as replacements in gangs in accordance with sections 7.29 through 7.40 of this Part, inclusive.

(b) A checker may telephone the THEIC on Friday between 9 a.m. and 10 a.m. to make himself available on the checker voluntary list for weekend employment at terminals handling baggage (cruise ship or passenger ship terminals). A hiring agent may employ by "quick registering," on Friday before 2:30 p.m., a casual checker who has made himself so available.

(c) Except for the provisions of subdivision (b) of this section, the "quick registration" procedure may only be used to hire list or gang members for employment at their own pier or terminal. The procedure is not to be used for ordering or extending other registrants unless written permission is granted by the commission.

(d) Not later than 4 p.m. each workday, the employer shall indicate on the bulletin board at the pier or terminal those employees who have been "quick registered" for employment during the following 24-hours period.

Historical Note

Sec. amd. filed July 2, 1993 eff. July 2, 1993.

Sec. amds filed November 24, 2004 eff. November 24, 2004. Amended (a) (b) (c) & (d)

Sec. amd. filed September 8, 2011 eff. September 8, 2011.

(a) circumstances have arisen which prevent the completion of the work assignment for the regular employer; and

(b) the regular employer has notified the prospective employer at least one hour in advance of the time the gang was to report to the prospective employer that it intends to retain its gang until the work assignment is completed.

(a) Each gang not reported pursuant to subdivision (a) of section 7.14 shall be posted as a gang not previously ordered and may be ordered as an additional gang (including voluntary or extra gangs).

(b) Prior to 2:00 p.m. a hiring agent shall personally order additional gangs from the gangs not previously ordered through the THEIC and so notify the center staff.

(c) An additional gang may be continued in employment in the same manner as the employer's regular and regular-extra gangs pursuant to section 7.14.

(a) When a person employed pursuant to sections 7.19 and 7.20 is required by his employer for successive days to complete his original assignment, the employer may extend the employment on a day-to-day basis, but not beyond Friday of the same week. Where the original assignment is not completed by Friday, the employer may continue such employment for Saturday, and, if necessary, from Saturday to Sunday only by receiving specific written permission of the commission for each said day.

(b) Not later than 3:00 p.m. each day the employer shall, on commission forms posted on the bulletin board at the pier or terminal, indicate those persons whose employment it is extending for the following 24 hours and shall furnish such names to the employment information center by 3:00 p.m.

(c) Any such extension shall be accomplished in the following manner: for each person to be extended, the employer, through its hiring agent, shall certify on a commission form, the name, registration number, classification and seniority of the registrant to be extended, the specific duty assignment performed and to be performed by the registrant and the location of said duty assignment performed and to be performed.

(a) Between 2:30 p.m. and 3:30 p.m. on the prior regular working day, waterfront employers, through hiring agents and through the THEIC, may order casuals for employment the next workday.

(b) Between 2:30 p.m. and 3:30 p.m. on Friday afternoon [or Saturday afternoon, if hiring procedures are implemented which include Saturday as a "regular work day" in accordance with this Section], waterfront employers, through hiring agents and through the THEIC, may order longshore casuals for any shift on Saturday [if hiring procedures are not implemented which include Saturday as a "regular work day" in accordance with this Section], Sunday or Monday, and may order checker casuals for any shift on Monday.

(c) Between 2:30 p.m. and 3:30 p.m. on the last regular working day prior to a holiday, waterfront employers, through hiring agents and through the THEIC, may order casuals for any shift on the holiday or the workday following the holiday.

(d) Such selection shall be made from a complete list of available registrants possessing the particular qualification needed.

(e) Such selection shall be made in accordance with the seniority priorities as contained in sections 7.29 through 7.40 of the Part, inclusive.

(f) A list of registrants so selected shall be posted at the pier or terminal and the appropriate employment information center.

Historical Note

Sec. amd. filed July 2, 1993 eff. July 2, 1993.

Sec. amds filed November 24, 2004 eff. November 24, 2004. Amended (a) (b) & (c)

Sec. amd. filed September 8, 2011 eff. September 8, 2011.

Sec. amd. filed July 13, 2012 eff. July 13, 2012.

7.20 Obtaining employment information, availability for employment; hiring (regular working days).

(a) Between 4 p.m. and 8 p.m. on Mondays through Thursdays [or Fridays, if hiring procedures are implemented which include Saturday as a "regular work day" in accordance with Section 7.19 of this Part] (except on holidays), longshoremen and checkers may telephone the THEIC to ascertain if they have been ordered for work that evening or at any time during the next workday. Between 4 p.m. and 8 p.m. on Fridays [or Saturdays, if hiring procedures are implemented which include Saturday as a "regular work day" in accordance with Section 7.19 of this Part] (except on holidays), longshoremen and checkers may telephone the THEIC to ascertain if they have been ordered for work that evening or at any time on Saturday [if hiring procedures are not implemented which include Saturday as a "regular work day" in accordance with Section 7.19 of this Part], Sunday and/or Monday, and/or Tuesday if Monday is a holiday. Any such telephone call, shall make the individual caller, who has no orders for the next weekday, regular working day, available for employment at the 7 a.m. or 8 a.m. hiring on the next weekday regular working day. During such call, individuals who do not have orders for the next weekday regular working day shall designate a telephone number where they may be reached between the hours of 8 a.m. and 9 a.m. during the next weekday regular working day morning, if that telephone number is different from the individual's usual telephone number maintained in the THS data base.

(b) Between 8 a.m. and 9 a.m. on the next weekday regular working day morning, those individuals who made themselves available for work on the prior weekday regular working day between 4:00 p.m. and 8 p.m., may be hired by hiring agents, in accordance with seniority (sections 7.29 through 7.40 of this Part), except for employment as a supervisory employee, by qualification to fill in for absentees or to fill emergency requirements. Said individuals may be advised of such employment by telecommunications system controllers by telephone provided that said advice is made in registration number sequence by seniority and qualifications and is in accordance with section 7.44 of this Part.

(c) Prior to selecting any such longshoreman or checker for employment, each hiring agent shall notify the THEIC of the number of longshoremen and checkers he intends to employ. This number may be revised by the hiring agent at any time prior to the time he commences hiring according to seniority in the industry, as stated in sections 7.29 through 7.40 of this Part, inclusive. The hiring agent may employ only such number of longshoremen and checkers he has stated he intends to employ, as revised. In the event additional persons are needed after the hiring agent has commenced hiring according to seniority in the industry, the hiring agent shall notify the THEIC of such additional needs. He may then hire such additional longshoremen and checkers he has declared as needed only after all other hiring agents have had an opportunity to select the number of longshoremen and checkers they have declared as needed before they commenced hiring according to seniority in the industry and only if permitted under the applicable collective bargaining agreement. To fill his employer's requirements, a hiring agent shall make his selection from among such persons who have made themselves available in accordance with this section and in accordance with sections 7.29 through 7.40 of this Part inclusive, during the designated hiring period.

(d) No hiring agent shall knowingly hire, or attempt to hire, any person registered by the commission under any circumstances or at any time during the hiring process when such person's seniority classification would not ordinarily entitle him to receive said employment.

Historical Note

Sec. amd. filed July 2, 1993 eff. July 2, 1993.

Sec. amds filed November 24, 2004 eff. November 24, 2004. Amended (a) & (b)

Sec. amd. filed September 8, 2011 eff. September 8, 2011.

Sec. amd. filed July 13, 2012 eff. July 13, 2012.

(a) From 9 a.m. to 12:45 p.m. Monday through Friday (except on holidays) longshoremen and checkers may telephone the THEIC to voluntarily make themselves available for employment at 10 a.m., 1 p.m. and 3 p.m. on that day. Said individuals shall leave a telephone number where they can be reached, if that telephone number is different from the individual's usual telephone number maintained in the THS data base.

(b) From 4:00 p.m. to 6:45 p.m. Monday through Friday (except on holidays) longshoremen and checkers may telephone the THEIC to voluntarily make themselves available for employment at 7 p.m. and 11 p.m. on that day. Said individuals shall leave a telephone number where they can be reached, if that telephone number is different from the individual's usual telephone number maintained in the THS data base.

(c) A hiring agent may fill his employer's requirements, except for requirements for supervisory employees, from those registrants who made themselves available for 10 a.m., 1 p.m., 3 p.m., 7 p.m. or 11 p.m. employment, by selecting said registrants in accordance with seniority and by qualifications through the telephonic hiring system. Telecommunications system controllers may advise registrants of such employment in accordance with section 7.20(b) of this Part.

Historical Note

Sec. amd. filed July 13, 2012 eff. July 13, 2012.

7.22 Availability for weekend and holiday employment; weekend and holiday hirings; obtaining holiday employment information.

(a) Between 7 a.m. and 8 a.m. on Saturday, a longshoreman may telephone the THEIC to volunteer for any shift on Saturday and/or Sunday and shall leave a telephone number where he may be reached, if that telephone number is different from the longshoreman's usual telephone number maintained in the THS data base.

(b) Between 4 p.m. and 8 p.m. on the last regular working day before a holiday, longshoremen may telephone the THEIC for work orders for any shift on the holiday or the day following the holiday. A longshoreman who has not received any such orders may, between 7 a.m. and 8 a.m. on the day of a holiday when casual hiring will be conducted, may telephone the THEIC to volunteer for any shift on the holiday and shall leave a telephone number where he may be reached, if that telephone number is different from the longshoreman's usual telephone number maintained in the THS data base.

(c) A hiring agent may fill his employer's requirements, except for requirements for supervisory employees, from those longshoremen who made themselves available for weekend or holiday employment, by selecting such longshoremen in accordance with seniority and by qualification through the telephonic hiring system. Telecommunications system controllers may advise registrants of such employment in accordance with section 7.20(b) of this Part.

(d) With respect to casual checker weekend employment between 9 a.m. and 11 a.m. on Friday, or Thursday if Friday is a holiday, a checker may telephone the THEIC to make himself available on the checker voluntary list for employment on Saturday and/or Sunday. In the event of an emergency, a hiring agent, for weekend work, may order a checker on his employer's list, and shall post-validate the hiring at an employment information center on the next regular working day stating, in writing, on a commission form, the nature of the emergency.

Historical Note

Sec. amd. filed July 13, 2012 eff. July 13, 2012.

(a) The employer, through its hiring agent, shall notify the employment information center in writing on the appropriate commission form of and shall record in the telephone hiring system data base, by 9:00 a.m. of the same day, the failure of any person or gang to report for work as ordered for 7:00 a.m. or 8:00 a.m. employment; and shall further notify the employment information center in writing on the appropriate commission form within 24 hours of the failure of any person or gang to report for work as ordered for any other employment.

(b) Registered persons engaged in the recording or tabulation of the hours worked at piers or other waterfront terminals shall furnish accurate and timely absentee information to their employers.

Historical Note

Sec. amd. filed May 15, 1991 to be eff. immediately.

(a) Each list for regular employees other than coopers, maintenance men and marine carpenters, at a reactivated pier shall be established from those persons on prior lists for such category who are available and willing to accept employment, on the basis of seniority at the pier or terminal. If pier or terminal seniority is equal, selection shall be made on the basis of seniority in the industry. Additions to such lists shall be made in accordance with the priorities for additions to the regular list of such category on existing piers.

(a) Regular gang lists at a reactivated pier shall be established from:

(b) Additions to regular gang lists shall be selected from the following:

(a) regular and regular-extra gangs in the section, provided they are intact and available for and willing to accept employment; and, thereafter, from

(b) longshoremen identified with the section in which the employer's pier or terminal is located on the basis of seniority in the industry.

(a) employees listed on any regular employee list at such pier or terminal; where such employees have equal status, selection shall be made on the basis of seniority at the pier or terminal; where pier or terminal seniority is equal, selection shall be made on the basis of seniority in the industry;

(b) employees listed on regular gang lists at such pier or terminal on the basis of seniority at the pier or terminal;

(c) employees listed on regular-extra gang lists at such pier or terminal on the basis of seniority at the pier or terminal;

(d) longshoremen identified with the section in which the employer's pier or terminal is located on the basis of seniority in the industry;

(e) longshoremen identified with the borough or area in which the employer's pier or terminal is located on the basis of seniority in the industry;

(f) longshoremen whose seniority classification is identified with any other section in the port on the basis of seniority in the industry; and thereafter,

(g) the employer may select any other longshoreman without regard to any seniority classification.

Additions and replacements for coopers, marine carpenters, and maintenance men shall be selected in accordance with the rights of such employees under applicable seniority agreements.

(a) employees listed on the same regular checker and clerk employee list; and, thereafter,

(b) the employer may select any checker or clerk on the basis of seniority classification in the industry.

(a) employees listed on any regular gang list at the pier or terminal in accordance with their seniority at the pier or terminal; where pier or terminal seniority is equal, selection shall be made on the basis of seniority in the industry;

(b) employees listed on any regular-extra gang list at the pier or terminal in accordance with their seniority at the pier or terminal; where pier or terminal seniority is equal, selection shall be made on the basis of seniority in the industry;

(c) employees listed on any regular employee list at such pier or terminal; where such employees have equal status, selection shall be made in accordance with their seniority at the pier or terminal; where pier or terminal seniority is equal, selection shall be made on the basis of seniority in the industry;

(d) longshoremen identified with the section in which the employer's pier or terminal is located on the basis of their seniority status in the industry;

(e) longshoremen identified with the borough or area in which the employer's pier or terminal is located on the basis of seniority in the industry;

(f) longshoremen whose seniority classification is identified with any other section in the port on the basis of their seniority status in the industry; and, thereafter,

(g) the employer may select any other longshoremen without regard to any seniority classification. Temporary replacements in gangs shall be selected in the same order of priority without regard to seniority at the pier or terminal.

(a) longshoremen identified with the section or sections within the employment information center where the gang is listed, on the basis of seniority in the industry;

(b) longshoremen identified with the borough or area in which the employer's pier or terminal is located on the basis of seniority in the industry;

(c) longshoremen whose seniority classification is identified with any other section in the port on the basis of seniority in the industry; and, thereafter,

(d) any other longshoremen without regard to any seniority classification.

(a) The records, transaction logs, documents, tapes, disks, and other data compiled, collected or maintained by the New York Shipping Association, Inc., the International Longshoremen's Association or by a joint board of the New York Shipping Association, Inc. and the International Longshoremen's Association pertaining to the THS shall be available for inspection, investigation and duplication by the commission, and shall be furnished to the commission, as required. Said information shall include, but not be limited to: absentee reports, audit and presentee reports, availability for hiring and hiring data and transaction logs. Said data shall be maintained for a period of at least three (3) years.

(b) Any data base list of gangs and registrants or individual registrants kept and maintained by the management organization representing employers of longshoremen and checkers in the Port of New York District, or by the labor organization representing longshoremen and checkers in the Port of New York District, or by a joint board of the management and labor organization, must reflect a registrant's waterfront commission eligibility status. Unless otherwise authorized in writing, said status shall only be entered into the data base by commission employees at a data base terminal designated by the commission.

(a) No person shall, directly or indirectly, hire any person for work as a longshoreman or checker within the Port of New York District, except through employment information centers established by the commission. No person shall accept any employment as a longshoreman or checker within the Port of New York District, except through such employment information centers.

(b) No person shall report for or solicit employment at any pier or terminal without having previously been selected and validated for employment through an employment information center. No gang foreman or any other person shall instruct or advise any person to report for or solicit employment at any pier or terminal prior to that person's selection and validation through an employment information center.

(a) No persons except licensed and registered persons shall have access to the employment information centers without approval from the commission. It shall be the policy of the commission to grant to representatives of management and the union permission to observe the hiring.

(b) No person shall in or upon any area, stairway or other appurtenance of an employment information center, sell or offer for sale any article of merchandise; conduct or solicit any business or trade; solicit alms, funds or contributions for any purpose; or post, distribute or display signs, advertisements, circulars, printed or written matter.

(c) No person shall gamble, conduct or engage in any game of chance in or upon any area, stairway or any other appurtenance of an employment information center.

(d) No person shall deface, mark, break or otherwise damage any part of a center or any property therein, or create a disturbance in or about a center or do any act or thing which shall create a nuisance in or about a center.

(e) No person who is unable to give a satisfactory explanation of his presence shall loiter in or about any lavatory area, stairway or other appurtenance or an employment information center.

(f) Except in any area designated by the commission as a smoking area, no person shall smoke or carry a lighted cigarette, cigar or pipe in or upon any area, stairway or any other appurtenance of an employment information center.

(g) Any permission granted by the commission, directly or indirectly, expressly or by implication, to any person or persons to enter upon or use an employment information center or any part thereof is conditioned upon acceptance of and compliance with the provisions of this section.

(a) No person shall directly or indirectly tamper with or utilize any telephone, computer, monitor, record, transaction log, document, tape, disk, report, data or equipment pertaining to the THS with intent to deceive or defraud the commission, the New York Shipping Association, Inc., the International Longshoremen's Association, a joint board of the New York Shipping Association, Inc. and the International Longshoremen's Association or any other person.

(b) No person shall intentionally tamper with, alter in any manner, or destroy any computer equipment, computer program, computer data or computer material utilized in connection with the THS.

(a) To qualify for retention in the commission's "deep-sea" register, a person included in such register must work as a longshoremen or as a checker, or make himself available for work in accordance with the provisions of subdivision (b) of this section, a minimum of 90 days in each half-calendar year, distributed at least 15 days to each month during at least five of the six months in each half-calendar year. In administering this section, receipt of compensation by any such person pursuant to the guaranteed wage provisions of any collective bargaining agreement relating to longshoremen and/or checkers shall be counted as constituting actual work, provided that such is received as a result of compliance with the provisions of subdivision (b) of this section.

(b) A registrant may make himself available for work by telephoning the THEIC between the hours of 4 p.m. and 8 p.m. on the prior day for orders. Those registrants who do not receive orders for the next day shall be available between the hours of 8 a.m. and 9 a.m. on the next day (except Saturday, Sunday or holidays) for telephone orders.

(c) To qualify for retention in the commission's "A" register, a person included in such register must appear on the current roster of an employer of such persons. Any such employer shall submit to the commission, at least once a year at a time designated by the commission, a roster of persons it employs or intends to employ.

Historical Note

Sec. amds. filed: June 29, 1966; Oct. 10, 1966; Apr. 29, 1968; Aug. 22, 1969; Nov. 17, 1969 eff. Nov. 30, 1969. New sec. substituted.

Sec. amds. filed August 13, 2013, eff. August 13, 2013.

(a) The commission may conduct audits, daily or otherwise, to insure that registrants are or have been available for work within the meaning of section 8.1(b) of this Part. The results of any such audit may be entered in the THS data base.

(b) The association representing employers of longshoremen and checkers and the labor organization representing longshoremen and checkers in the Port of New York District, or a joint board of such association and labor organization, shall furnish the commission with any and all information necessary for the commission to properly perform the audits referred to in subdivision (a) of this section.

(c) Any audit performed by telecommunications system controllers shall be recorded in writing and furnished to the commission. The results of any such audit shall be entered into the THS data base. The audit sheet shall specify the registration number of the particular registrant contacted, whether the registrant was available or unavailable for work and any appropriate comments, and shall be signed by the person conducting the audit.

Historical Note

Sec. amds. filed: Oct. 10, 1966; Nov. 17, 1969 eff. Nov. 30, 1969. New sec. substituted.

Sec. amds. filed August 13, 2013, eff. August 13, 2013.

(a) No person shall be removed from the "deep-sea" register pursuant to article IX and section 5-c of the Act and this Part except upon two weeks' notice of his failure to accrue the minimum number of days required by this Part.

(b) No person shall be removed from the "A" register except upon two weeks' notice of his failure to appear on any current roster of registrants submitted pursuant to section 8.1(c) of this Part.

Historical Note

Sec. amds. filed: Oct. 10, 1966; Dec 29, 1975 eff. immediately.

Sec. amds. filed May 1, 2007 eff. May 1, 2007.

Sec. amds. filed August 13, 2013, eff. August 13, 2013.

(a) Any person removed from the "deep-sea" longshoremen's register pursuant to article IX and section 5-c of the act and this Part may seek registration upon fulfilling the same requirements as for initial inclusion in such register, provided applications for registration are then being accepted by the commission pursuant to section 5-p of the act and provided further that at least one year has expired from the date of removal, except that immediate reinstatement shall be made upon a proper showing that the registrant's failure to work or apply for work the minimum number of days required by this Part was caused by the fact that the registrant was engaged in the military service of the United States or was incapacitated by ill health, physical injury, or other good cause. In the event such failure to work or apply for work the minimum number of days required by this Part was caused by the fact that the registrant was incarcerated, such registrant may be reinstated provided he applies for such reinstatement within one year after the termination of such incarceration. Any reinstatement under this section shall not preclude a proceeding to revoke, cancel or suspend the registration of any such person reinstated to the register nor the temporary suspension of such registration under the provisions of article XI of the act.

(b) No petition for reinstatement shall be accepted from any person seeking reinstatement unless the person is sponsored for employment by a "stevedore" or by any "person", within the meaning of those terms contained in the act, who is an employer of individuals requiring a registration or a license under the act and where proof of sponsorship has been received by the commission, prior to submission to the commission of said petition, in the form of a letter submitted by the sponsoring employer.

(c) Any person removed from the "A" register may seek registration upon fulfilling the same requirements as for initial inclusion in such register except that where reinstatement is sought within one year of removal from the said "A" register, the commission may, in its discretion, waive said requirements.

Historical Note

Sec. deleted, filed Oct. 10, 1966 to be eff. immediately.

New sec. filed August 13, 2013, eff. August 13, 2013.

(a) Whenever a deficiency in payment of the assessment is determined, the commission shall give notice thereof to the employer. Such determination shall finally and conclusively fix the amount due, unless the employer shall, within 30 days after the giving of notice of such determination, petition in writing to the commission for a hearing, or unless the commission on its own motion shall reduce the same. A petition for such hearing shall be verified and contain the following information:

(b) The commission, or its designated hearing officer, shall fix the time and place of the hearing on any petition upon at least five days' notice. The conduct of the hearing shall be governed, in so far as applicable, by the provisions of Part 6 of these Regulations.

(a) No person shall solicit, collect, receive or contract for any fee or other compensation for the loading or unloading of waterborne freight onto or from vehicles other than railroad cars at piers or at other waterfront terminals within the Port of New York District unless:

(b) Nothing herein contained shall be deemed to permit any such loading or unloading of any waterborne freight at any place by any such person by means of any independent contractor, or any other agent other than an employee, unless such independent contractor is a person permitted by this Part to load or unload such freight at such place in his own right.

(a) offers himself for employment solely to perform such labor, or is employed for the sole purpose of performing such labor; or

(b) is selected or hired for employment for such labor at or in the vicinity of piers or other waterfront terminals; or

(c) is paid other than a weekly, daily or hourly wage, with appropriate deductions for federal withholding and social security taxes for such labor; or

(d) shares in fees collected by his employer for such loading or unloading services; or

(e) is not recorded on the payrolls of the employer for whom he performs such labor in the same manner as other employees; or

(f) is not subject to the direct and immediate supervision of his employer in the performance of such labor; or

(g) uses or leases to his employer to perform such loading or unloading services, equipment (such as escalators, hi-los, fork trucks, cranes, etc.) owned by him, directly or indirectly, in whole or in part.