New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter I - Waterfront Commission Of New York Harbor
Part 7 - Hiring Regulations For Registrants
Hiring Procedures
Section 7.20 - Obtaining employment information, availability for employment; hiring (regular working days)

Current through Register Vol. 46, No. 12, March 20, 2024

(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 workday" 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 workday" 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 workday" 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.

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