N.Y. Executive Law § 534-f: Pier superintendents and hiring agents

§ 534-f. Pier superintendents and hiring agents. 1. No person shall

act as a pier superintendent or as a hiring agent within the port of New

York district in this state without first having obtained from the

commission or previously, from the bi-state commission, a license to act

as such pier superintendent or hiring agent, as the case may be, and no

person shall employ or engage another person to act as a pier

superintendent or hiring agent who is not so licensed.

2. A license to act as a pier superintendent or hiring agent shall be

issued only upon the written application, under oath, of the person

proposing to employ or engage another person to act as such pier

superintendent or hiring agent, verified by the prospective licensee as

to the matters concerning that person, and shall state the following:

(a) The full name and business address of the applicant;

(b) The full name, residence, business address (if any), place and

date of birth and social security number of the prospective licensee;

(c) The present and previous occupations of the prospective licensee,

including the places where the person was employed and the names of the

person's employers;

(d) Such further facts and evidence as may be required by the

commission to ascertain the character, integrity and identity of the

prospective licensee; and

(e) That if a license is issued to the prospective licensee, the

applicant will employ such licensee as pier superintendent or hiring

agent, as the case may be.

3. No such license shall be granted:

(a) Unless the commission shall be satisfied that the prospective

licensee possesses good character and integrity;

(b) If the prospective licensee has, without subsequent pardon, been

convicted by a court of the United States, or any state or territory

thereof, of the commission of, or the attempt or conspiracy to commit,

treason, murder, manslaughter or any crime punishable by death or

imprisonment for a term exceeding three hundred sixty-four days or any

of the following misdemeanors or offenses: illegally using, carrying or

possessing a pistol or other dangerous weapon; making or possessing

burglar's instruments; buying or receiving stolen property; unlawful

entry of a building; aiding an escape from prison; unlawfully

possessing, possessing with intent to distribute, sale or distribution

of a controlled dangerous substance (controlled substance) or a

controlled dangerous substance analog; and violation of this act. Any

such prospective licensee ineligible for a license by reason of any such

conviction may submit satisfactory evidence to the commission that such

person has for a period of not less than five years, measured as

hereinafter provided, and up to the time of application, so acted in a

manner as to warrant the grant of such license, in which event the

commission may, in its discretion, issue an order removing such

ineligibility. The aforesaid period of five years shall be measured

either from the date of payment of any fine imposed upon such person or

the suspension of sentence or from the date of the person's unrevoked

release from custody by parole, commutation or termination of sentence;

(c) If the prospective licensee knowingly or willfully advocates the

desirability of overthrowing or destroying the government of the United

States by force or violence or shall be a member of a group which

advocates such desirability, knowing the purposes of such group include

such advocacy.

4. When the application shall have been examined and such further

inquiry and investigation made as the commission shall deem proper and

when the commission shall be satisfied therefrom that the prospective

licensee possesses the qualifications and requirements prescribed in

this section, the commission shall issue and deliver to the prospective

licensee a license to act as pier superintendent or hiring agent for the

applicant, as the case may be, and shall inform the applicant of this

action. The commission may issue a temporary permit to any prospective

licensee for a license under the provisions of this article pending

final action on an application made for such a license. Any such permit

shall be valid for a period not in excess of six months.

5. No person shall be licensed to act as a pier superintendent or

hiring agent for more than one employer, except at a single pier or

other waterfront terminal, but nothing in this section shall be

construed to limit in any way the number of pier superintendents or

hiring agents any employer may employ.

6. A license granted pursuant to this section shall continue through

the duration of the licensee's employment by the employer who shall have

applied for the person's license.

7. Any license issued pursuant to this section may be revoked or

suspended for such period as the commission deems in the public interest

or the licensee thereunder may be reprimanded for any of the following

offenses:

(a) Conviction of a crime or act by the licensee or other cause which

would require or permit the person's disqualification from receiving a

license upon original application;

(b) Fraud, deceit or misrepresentation in securing the license, or in

the conduct of the licensed activity;

(c) Violation of any of the provisions of this act;

(d) Criminal possession of a controlled substance or criminal sale of

a controlled substance;

(e) Employing, hiring or procuring any person in violation of this act

or inducing or otherwise aiding or abetting any person to violate the

terms of this act;

(f) Paying, giving, causing to be paid or given or offering to pay or

give to any person any valuable consideration to induce such other

person to violate any provision of this act or to induce any public

officer, agent or employee to fail to perform the person's duty

hereunder;

(g) Consorting with known criminals for an unlawful purpose, provided,

however, that consorting without unlawful purpose shall be insufficient

grounds for revocation or suspension;

(h) Transfer or surrender of possession of the license to any person

either temporarily or permanently without satisfactory explanation;

(i) False impersonation of another licensee under this act;

(j) Receipt or solicitation of anything of value from any person other

than the licensee's employer as consideration for the selection or

retention for employment of any longshore worker;

(k) Coercion of a longshore worker to make purchases from or to

utilize the services of any person;

(l) Lending any money to or borrowing any money from a longshore

worker for which there is a charge of interest or other consideration;

and

(m) Membership in a labor organization which represents longshore

workers or security officers; but nothing in this section shall be

deemed to prohibit pier superintendents or hiring agents from being

represented by a labor organization or organizations which do not also

represent longshore workers or security officers. The American

Federation of Labor and Congress of Industrial Organizations and any

other similar federation, congress or other organization of national or

international occupational or industrial labor organizations shall not

be considered an organization which represents longshore workers or

security officers within the meaning of this section although one of the

federated or constituent labor organizations thereof may represent

longshore workers or security officers.

8. Any applicant for pier superintendent or hiring agent ineligible

for a license by reason of the provisions of paragraph (b) of

subdivision three of this section may petition for and the commission

may issue an order removing the ineligibility. A petition for an order

to remove ineligibility may be made to the commission before or after

the hearing required by section five hundred thirty-four-n of this

article.