N.Y. Comp. Codes R. & Regs. tit. 21 § 7.36

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

Section 7.36 - Replacements in gangs and the formation of new gangs

Replacements in regular and regular-extra gangs and members of new gangs shall be selected in the following order from qualified longshoremen:

(a) employees listed on any regular-extra gang list at the pier or terminal in accordance with their seniority at the pier or terminal; where pier or terminal seniority is equal, selection shall be made on the basis of seniority in the industry;

(b) employees listed on any regular-extra gang list at the pier or terminal in accordance with their seniority at the pier or terminal; where pier or terminal seniority is equal, selection shall be made on the basis of seniority in the industry;

(c) employees listed on any regular employee list at such pier or terminal; where such employees have equal status, selection shall be made in accordance with their seniority at the pier or terminal; where pier or terminal seniority is equal, selection shall be made on the basis of seniority in the industry;

(d) longshoremen identified with the section in which the employer's pier or terminal is located on the basis of their seniority status in the industry;

(e) longshoremen identified with the borough or area in which the employer's pier or terminal is located on the basis of seniority in the industry;

(f) longshoremen whose seniority classification is identified with any other section in the port on the basis of their seniority status in the industry; and, thereafter,

(g) the employer may select any other longshoremen without regard to any seniority classification. Temporary replacements in gangs shall be selected in the same order of priority without regard to seniority at the pier or terminal.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 7.36