N.Y. Executive Law § 534-j: List of qualified longshore workers for employment as checkers

§ 534-j. List of qualified longshore workers for employment as

checkers. 1. The commission shall maintain within the longshore workers'

register a list of all qualified longshore workers eligible, as provided

in this section, for employment as checkers in the port of New York

district in this state. No person shall act as a checker within the port

of New York district in this state unless at the time such person is

included in the longshore workers' register as a checker, and no person

shall employ another to work as a checker within the port of New York

district in this state unless at the time such other person is included

in the longshore workers' register as a checker.

2. Any person applying for inclusion in the longshore workers'

register as a checker shall file at any such place and in such manner as

the commission shall designate a written statement, signed and verified

by such person, setting forth the following:

(a) The full name, residence, place and date of birth and social

security number of the applicant;

(b) The present and previous occupations of the applicant, including

the places where such person was employed and the names of that person's

employers;

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

commission to ascertain the character, integrity and identity of the

applicant.

3. No person shall be included in the longshore workers' register as a

checker:

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

possesses good character and integrity;

(b) If the applicant 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 another 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 (controlled substance analog); petty larceny,

where the evidence shows the property was stolen from a vessel, pier or

other waterfront terminal; and violation of the act. Any such applicant

ineligible for inclusion in the longshore workers' register as a checker

by reason of any such conviction may submit satisfactory evidence to the

commission that the person has for a period of not less than five years,

measured as provided in this section, and up to the time of application,

so acted in a manner as to warrant inclusion in the longshore workers'

register as a checker, 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 such person's unrevoked release from custody by parole,

commutation or termination of such person's sentence;

(c) If the applicant 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 applicant

possesses the qualifications and requirements prescribed by this

section, the commission shall include the applicant in the longshore

workers' register as a checker. The commission may permit temporary

registration as a checker to any applicant under this section pending

final action on an application made for such registration, under such

terms and conditions as the commission may prescribe, which shall be

valid for a period to be fixed by the commission, not in excess of six

months.

5. The commission shall have power to reprimand any checker registered

under this section or to remove such person from the longshore workers'

register as a checker for such period of time as it deems in the public

interest for any of the following offenses:

(a) Conviction of a crime or other cause which would permit

disqualification of such person from inclusion in the longshore workers'

register as a checker upon original application;

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

longshore workers' register as a checker or in the conduct of the

registered 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) 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 under

this act;

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

however, that consorting without unlawful purpose shall be insufficient

grounds for reprimand;

(h) Transfer or surrender of possession to any person either

temporarily or permanently of any card or other means of identification

issued by the commission as evidence of inclusion in the workers'

register without satisfactory explanation;

(i) False impersonation of another longshore worker or of another

person licensed under this act.

6. The commission shall have the right to recover possession of any

card or other means of identification issued as evidence of inclusion in

the longshore workers' register as a checker in the event that the

holder thereof has been removed from the longshore workers' register as

a checker.

7. Any applicant ineligible for inclusion in the longshore workers'

register as a checker 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.

8. Nothing contained in this section shall be construed to limit in

any way any rights of labor reserved by section five hundred

thirty-four-q of this article.