N.Y. Executive Law § 534-b: Definitions

§ 534-b. Definitions. As used in this article, the following terms

shall have the following meanings:

1. "Act" shall mean this article and rules or regulations lawfully

promulgated thereunder and shall include any amendments or supplements

to this article to implement the purposes thereof.

2. "Bi-state commission" shall mean the Waterfront Commission of New

York Harbor established by the state of New York pursuant to P.L. 1953,

c.882 (NY Unconsol. Ch.307, s.1) and by the state of New Jersey pursuant

to its agreement thereto under P.L.1953, c.202 (C.32:23-1 et seq.).

3. "Carrier of freight by water" shall mean any person who may be

engaged or who may hold oneself out as willing to be engaged, whether as

a common carrier, as a contract carrier or otherwise (except for

carriage of liquid cargoes in bulk in tank vessels designed for use

exclusively in such service or carriage by barge of bulk cargoes

consisting of only a single commodity loaded or carried without wrappers

or containers and delivered by the carrier without transportation mark

or count) in the carriage of freight by water between any point in the

port of New York district and a point outside said district.

4. "Container" shall mean any receptacle, box, carton or crate which

is specifically designed and constructed so that it may be repeatedly

used for the carriage of freight by a carrier of freight by water.

5. "Checker" shall mean a longshore worker who is employed to engage

in direct and immediate checking of waterborne freight or of the

custodial accounting therefor or in the recording or tabulation of the

hours worked at piers or other waterfront terminals by natural persons

employed by carriers of freight by water or stevedores.

6. "Commission" shall mean the New York waterfront commission

established by section five hundred thirty-four-c of this article.

7. "Career offender" shall mean a person whose behavior is pursued in

an occupational manner or context for the purpose of economic gain

utilizing such methods as are deemed criminal violations against the

public policy of the state of New York.

8. "Career offender cartel" shall mean a number of career offenders

acting in concert, and may include what is commonly referred to as an

organized crime group.

9. "Court of the United States" shall mean all courts enumerated in

section four hundred fifty-one of title twenty-eight of the United

States Code and the courts-martial of the armed forces of the United

States.

10. "Freight" shall mean freight which has been, or will be, carried

by or consigned for carriage by a carrier of freight by water.

11. "Hiring agent" shall mean any natural person, who on behalf of a

carrier of freight by water or a stevedore or any other person shall

select any longshore worker for employment.

12. "Longshore worker" shall mean: (a) a natural person, other than a

hiring agent, who is employed for work at a pier or other waterfront

terminal, either by a carrier of freight by water or by a stevedore to:

(1) physically move waterborne freight on vessels berthed at piers, on

piers or at other waterfront terminals; or

(2) engage in direct and immediate checking of any such freight or of

the custodial accounting therefor or in the recording or tabulation of

the hours worked at piers or other waterfront terminals by natural

persons employed by carriers of freight by water or stevedores; or

(3) supervise directly and immediately others who are employed as in

subparagraph one of this paragraph; or

(4) physically perform labor or services incidental to the movement of

waterborne freight on vessels berthed at piers, on piers or at other

waterfront terminals, including, but not limited to, cargo repair

personnel, coopers, general maintenance personnel, mechanical and

miscellaneous workers, horse and cattle fitters, grain ceilers and

marine carpenters; or

(b) a natural person, other than a hiring agent, who is employed for

work at a pier or other waterfront terminal by any person to:

(1) physically move waterborne freight to or from a barge, lighter or

railroad car for transfer to or from a vessel of a carrier of freight by

water which is, shall be, or shall have been berthed at the same pier or

other waterfront terminal; or

(2) perform labor or services involving, or incidental to, the

movement of freight at a waterfront terminal as defined in subdivision

fifteen of this section.

13. "Longshore workers' register" shall mean the register of eligible

longshore workers compiled and maintained by the commission pursuant to

section five hundred thirty-four-i of this article.

14. "Marine terminal" shall mean an area which includes piers, which

is used primarily for the moving, warehousing, distributing or packing

of waterborne freight or freight to or from such piers, and which,

inclusive of such piers, is under common ownership or control.

15. "Other waterfront terminal" shall include:

(a) any warehouse, depot or other terminal (other than a pier) which

is located within one thousand yards of any pier in the port of New York

district in this state and which is used for waterborne freight in whole

or substantial part; or

(b) any warehouse, depot or other terminal (other than a pier),

whether enclosed or open, which is located in a marine terminal in the

port of New York district in this state and any part of which is used by

any person to perform labor or services involving, or incidental to, the

movement of waterborne freight or freight.

16. "Person" shall mean not only a natural person but also any

partnership, joint venture, association, corporation or any other legal

entity but shall not include the United States, any state or territory

thereof or any department, division, board, commission or authority of

one or more of the foregoing.

17. "Pier" shall include any wharf, pier, dock or quay.

18. "Pier superintendent" shall mean any natural person other than a

longshore worker who is employed for work at a pier or other waterfront

terminal by a carrier of freight by water or a stevedore and whose work

at such pier or other waterfront terminal includes the supervision,

directly or indirectly, of the work of longshore workers.

19. "Port of New York district" shall mean the district created by

article II of the compact dated April thirtieth, nineteen hundred

twenty-one, between the states of New York and New Jersey, authorized by

chapter one hundred fifty-four of the laws of New York of nineteen

hundred twenty-one and chapter one hundred fifty-one of the laws of New

Jersey of nineteen hundred twenty-one.

20. "Security officer" shall include any security officer, gate

person, rounds person, detective, guard, guardian or protector of

property employed by the operator of any pier or other waterfront

terminal or by a carrier of freight by water to perform services in such

capacity on any pier or other waterfront terminal.

21. The term "select any longshore worker for employment" in the

definition of a hiring agent in this section shall include selection of

a person for the commencement or continuation of employment as a

longshore worker, or the denial or termination of employment as a

longshore worker.

22. "Stevedore" shall mean:

(a) a contractor (not including an employee) engaged for compensation

pursuant to a contract or arrangement with a carrier of freight by

water, in moving waterborne freight carried or consigned for carriage by

such carrier on vessels of such carrier berthed at piers, on piers at

which such vessels are berthed or at other waterfront terminals; or

(b) a contractor engaged for compensation pursuant to a contract or

arrangement with the United States, any state or territory thereof, or

any department, division, board, commission or authority of one or more

of the foregoing, in moving freight carried or consigned for carriage

between any point in the port of New York district and a point outside

said district on vessels of such a public agency berthed at piers, on

piers at which such vessels are berthed or at other waterfront

terminals; or

(c) a contractor (not including an employee) engaged for compensation

pursuant to a contract or arrangement with any person to perform labor

or services incidental to the movement of waterborne freight on vessels

berthed at piers, on piers or at other waterfront terminals, including,

but not limited to, cargo storage, cargo repairing, coopering, general

maintenance, mechanical and miscellaneous work, horse and cattle

fitting, grain ceiling, and marine carpentry; or

(d) a contractor (not including an employee) engaged for compensation

pursuant to a contract or arrangement with any other person to perform

labor or services involving, or incidental to, the movement of freight

into or out of containers (which have been or which will be carried by a

carrier of freight by water) on vessels berthed at piers, on piers or at

other waterfront terminals.

23. "Terrorist group" shall mean a group associated, affiliated or

funded in whole or in part by a terrorist organization designated by the

secretary of state in accordance with section two hundred nineteen of

the immigration and nationality act, as amended from time to time, or

any other organization which assists, funds or engages in acts of

terrorism as defined in the laws of the United States, or of the state

of New York, including, but not limited to, subdivision one of section

490.05 of the penal law.

24. "Waterborne freight" shall mean freight carried by or consigned

for carriage by carriers of freight by water, and shall also include

freight described in subdivision fifteen and paragraphs (b) and (d) of

subdivision twenty-two of this section, and ships' stores, baggage and

mail carried by or consigned for carriage by carriers of freight by

water.

25. "Witness" shall mean any person whose testimony is desired in any

investigation, interview or other proceeding conducted by the commission

pursuant to the provisions of section five hundred thirty-four of this

article.