N.Y. Executive Law § 534-k: Regularization of longshore workers' employment

§ 534-k. Regularization of longshore workers' employment. 1. The

commission shall, at regular intervals, remove from the longshore

workers' register any person who shall have been registered for at least

nine months and who shall have failed during the preceding six calendar

months either to have worked as a longshore worker in the port of New

York district or to have applied for employment as a longshore worker at

an employment information center in the port of New York district for

such minimum number of days as shall have been established by the

commission pursuant to subdivision two of this section.

2. On or before each succeeding first day of June or December, the

commission shall, for the purposes of subdivision one of this section,

establish for the six-month period beginning on each such date a minimum

number of days and the distribution of such days during such period.

3. In establishing any such minimum number of days or period, the

commission shall observe the following standards:

(a) To encourage as far as practicable the regularization of the

employment of longshore workers;

(b) To bring the number of eligible longshore workers more closely

into balance with the demand for longshore workers' services within the

port of New York district in this state without reducing the number of

eligible longshore workers below that necessary to meet the requirements

of longshore workers in the port of New York district in this state;

(c) To eliminate oppressive, unlawful, discriminatory, and corrupt

hiring practices affecting longshore workers and waterborne commerce in

the port of New York district in this state; and

(d) To eliminate unlawful practices injurious to waterfront labor.

4. A longshore worker who has been removed from the longshore workers'

register pursuant to this section may seek reinstatement upon fulfilling

the same requirements as for initial inclusion in the longshore workers'

register, but not before the expiration of one year from the date of

removal, except that immediate reinstatement shall be made upon proper

showing that the registrant's failure to work or apply for work the

minimum number of days above described 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.

5. Notwithstanding any other provision of this article, the commission

shall at any time have the power to register longshore workers on a

temporary basis to meet special or emergency needs.

6. Notwithstanding any other provisions of this section, the

commission shall have the power to remove from the longshore workers'

register any person (including those persons registered as longshore

workers for less than nine months) who shall have failed to have worked

as a longshore worker in the port of New York district for such minimum

number of days during a period of time as shall have been established by

the commission. In administering this section, the commission, in its

discretion, may count applications for employment as a longshore worker

at an employment information center established under section five

hundred thirty-four-o of this article as constituting actual work as a

longshore worker, provided, however, that the commission shall count as

actual work the compensation received by any longshore worker pursuant

to the guaranteed wage provisions of any collective bargaining agreement

relating to longshore workers. Prior to the commencement of any period

of time established by the commission pursuant to this section, the

commission shall establish for such period the minimum number of days of

work required and the distribution of such days during such period and

shall also determine whether or not application for employment as a

longshore worker shall be counted as constituting actual work as a

longshore worker. The commission may classify longshore workers

according to length of service as a longshore worker and such other

criteria as may be reasonable and necessary to carry out the provisions

of this act. The commission shall have the power to vary the

requirements of this section with respect to their application to the

various classifications of longshore workers. In administering this

section, the commission shall observe the standards set forth in section

five hundred thirty-four-l of this article. Nothing in this section

shall be construed to modify, limit or restrict in any way any of the

rights protected by section five hundred thirty-four-q of this article.