N.Y. Comp. Codes R. & Regs. tit. 21 § 7.5

Current through Register Vol. 46, No. 51, December 18, 2024

Section 7.5 - Establishment of regular lists

(a) Any employer may, in accordance with sections 7.29 through 7.40 of this Part, inclusive, file lists on commission forms designating the pier or waterfront terminal for such list, for:

(1) regular checkers and clerks, terminal labor, drivers, coopers, marine carpenters, maintenance men and other classifications of regular employees and supervisory employees; and

(2) regular and regular-extra gangs.

(b) An employer may employ persons as supervisory employees only if such persons are first made part of a regular supervisory employee list. No person shall be added to a regular supervisory employee list unless:

(1) the selecting employer submits in writing to the commission a detailed, reasonable basis for the employer's belief that the selected employee best exhibits the capability to lead, manage and/or supervise other employees, which shall be the employer's independent determination, not based solely or primarily on the consultation with and/or input of the affected local, the International Longshoremen's Association, and/or any other affected labor organization representing longshoremen for the purposes of collective bargaining; and

(2) the selecting employer certifies that the employer's selection of the person as a supervisory employee was based on the employer's independent determination, not based solely or primarily on the consultation with and/or input of the affected local, the International Longshoremen's Association, and/or any other affected labor organization representing longshoremen for the purposes of collective bargaining, and that the employer has not received any benefit and/or consideration from any person for the purpose of directly or indirectly influencing the employer's selection of the supervisory employee.

(c) For a period of five years, any employer selecting a person to be added to supervisory employer list shall maintain any and all records evidencing the person's capabilities to lead, manage and/or supervise other employees, and any and all records concerning the employer's consultation with and/or input from the affected local, the International Longshoremen's Association, and/or any other affected labor organization representing longshoremen for the purposes of collective bargaining, regarding the person's capabilities to lead, manage and/or supervise other employees.

(d) Unless a variance is granted by the commission, any name on any such list shall not appear on any other list filed with the commission, except with respect to supervisory employees whose name may appear on both a supervisory employee list and on the gang list in which they lead, manage and/or supervise other employees. No list shall contain names of persons to be employed at more than one pier or waterfront terminal unless a variance is granted by the commission.

(e) If such lists are accepted by the commission, copies thereof shall be conspicuously posted and maintained by the employer on a bulletin board at the pier or terminal.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 7.5