§ 12-11 Unloading Operations.
RCNY § 12-11
An unloading business shall comply with the conditions for conducting unloading operations that are contained in the license issued to such unloading business pursuant to § 22-204 and subdivision b of § 22-222 of the Code. In addition, an unloading business shall be subject to such provisions of this section as the market manager may direct.
(a)Order of unloading.
(1)Upon arrival, trucks shall be directed to the designated waiting area. The unloading dispatcher designated by the market manager shall record relevant information, including the license number and time of arrival and shall inspect and make a copy of the manifest for seafood to be delivered by each truck that enters a designated waiting area.
(2)Trucks shall remain in the designated waiting area until directed by the unloading dispatcher to proceed to a designated unloading area.
(3)Except as otherwise provided in paragraph (4) of this subdivision, unloaders shall unload trucks in order of their arrival at the designated waiting area, based on the time of arrival recorded by the unloading dispatcher.
(4)Notwithstanding paragraph (3) of this subdivision, the unloading dispatcher may permit the unloader to unload out of order of arrival if the truck is delivering fewer than three (3) pallets of seafood; if the truck contains live seafood; if the seafood requires special handling or equipment which only a particular unloader can provide; or for other reasons which the unloading dispatcher determines justify expedited unloading.
(b)Unloading assignments and hours.
(ii)If, toward the end of the regular unloading hours, the market manager determines that the presence of an unloading business is not required because of the small number of trucks awaiting unloading or expected to unload, he or she may allow such unloading business to leave. Where more than one unloading business is operating pursuant to an unloading license issued by the Commission, the market manager shall arrange for the rotation of such businesses required to remain present during such periods.
(iii)The market manager shall provide that an unloading business be on call to unload any truck that may arrive after the regular unloading hours and shall designate such unloading business. Where more than one unloading business is operating pursuant to an unloading license issued by the Commission, the market manager shall rotate the responsibility to unload trucks after regular unloading hours on a periodic basis. Each unloading business shall provide for an unloading crew and a supervisor of such unloading crew to be on duty during the hours that such business is on call. Such unloader may, where authorized in the conditions of its unloading license, charge a surcharge not to exceed the amount specified in such conditions for unloading after the regular unloading hours. Such surcharge shall be posted with the unloading rates as required in subdivision (c) of this section.
(c)Rates, billing procedures and record keeping.
(d)Prohibited acts for unloaders.
(5)In addition to the foregoing, the following rules also apply to principals, employees and agents of an unloading business or an unloader. Such persons shall not: (i) authorize another person to use the name of the unloading business or unloader to which a license has been issued; (ii) authorize another person to conduct an unloading business or act as an unloader with the license that has been issued to such unloading business or unloader; (iii) conduct an unloading business under any name other than the name under which such business has been licensed with Commission; (iv) associate with a person whom such person knows or should know is a member or associate of an organized crime group (a person who has been identified by a federal, state, or local law enforcement agency as a member or associate of an organized crime group shall be presumed to be a member or associate of an organized crime group); (v) make, file or submit a false or misleading statement to the Commission or to a government agency or employee; (vi) falsify any business record; (vii) continue to employ a person who has not received a valid photo identification card in accordance with the provisions of this subchapter, or whose photo identification card has been revoked, or whose photo identification card has been suspended during the period of suspension; (viii) utilize any motor vehicle in connection with the operation of such business which is not properly registered with the New York State Department of Motor Vehicles and insured in accordance with 17 RCNY § 12-08; (ix) engage in any unfair labor practice under federal and state labor laws as applicable.
(x)refuse to answer an inquiry from the Commission or provide false or misleading information to the Commission; (xi) violate or fail to comply with any order or directive of the Commission; (xii) fail to pay federal, state and local taxes; (xiii) fail to pay any fines or civil penalties imposed by the Commission, a court, or the Environmental Control Board for violations of Chapter 1-A of Title 22 of the Code and of this subchapter.
