N.Y. Comp. Codes R. & Regs. tit. 21 § 7.7

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

Section 7.7 - Additions to regular lists

(a) Before an employer shall add a gang to or fill a vacancy on a regular or regular-extra gang list or fill a vacancy on or enlarge a regular list the employer shall notify an employment information center on commission forms and post a copy thereof on the pier or terminal concerned for a period of not less than seven days. The commission shall also post a notice of such job opportunity in each employment information center.

(b) Any prospective employee seeking such listing shall report to the employer's hiring agent or pier superintendent at the pier or terminal where the vacancy exists and apply on an application form supplied by the employer and approved by the commission. At the end of the seven-day period of posting, the employer shall forward to the commission copies of all applications received during that period, together with a commission form upon which shall be entered the names and seniority classifications of all persons who applied during that period and a certification by the employer's hiring agent to the effect that all persons who sought such listing were furnished applications and that all applications received have been forwarded to the commission.

(c) All applications received by the employer after the seven-day period of posting shall be forwarded immediately to the commission, together with a similar listing and certification. At the time of forwarding applications to the commission, the employer shall also post at the pier or waterfront terminal copies of the forms listing the applicants. Copies of the forms listing the applicants shall also be posted in the appropriate employment information center by the commission. The employer may, after the seven-day period of posting, file to add a gang or fill a vacancy or add to a list from job applicants who have applied for the particular job opportunity contained in the notice and who are qualified and able to perform the duties of the job, in accordance with sections 7.29 through 7.40 of this Part, inclusive, certifying compliance with the pier posting requirements of this section. The employer shall post at the pier or waterfront terminal for a period of 30 days from the date of filing the names of all persons selected. The commission shall also post for a similar period of 30 days in the appropriate employment information center the names of all such persons selected. Such selections may only receive permanent approval by the commission after the expiration of the 30-day posting period.

(d) The provisions of this section shall not apply where an employer makes his selection from persons properly listed on any regular list previously filed with the commission for the particular pier or waterfront terminal pursuant to section 7.5 of this Part, provided the employer.

(1) makes his selection in accordance with sections 7.29 through 7.40 of this Part, inclusive; and

(2) files his selections at the appropriate employment information center on forms furnished by the commission; and

(3) posts at the pier or waterfront terminal for a period of 30 days the names of all such persons selected. The commission shall also post for a period of 30 days in the appropriate employment information center the names of all such persons selected. Such selections may only receive permanent approval by the commission after the expiration of the 30-day posting period.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 7.7