* § 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.

* NB Effective June 30, 2024