(a)(1) The employer shall attest that at the time of filing the
attestation, notice of filing has been provided to:
(i) Labor organizations which have been recognized as exclusive
bargaining representatives of United States longshore workers within the
meaning of the National Labor Relations Act (29 U.S.C. 141 et seq.) and
which make available or intend to make available workers to the
particular location where the longshore work is to be performed;
(ii) Contract stevedoring companies which employ or intend to employ
United States longshore workers at the location where the longshore work
is to be performed; and
(iii) Operators of private docks at which the employer will use
longshore workers.
(2) The notices provided under paragraph (a)(1) of this section
shall include a copy of the Form ETA 9033-A to be submitted to ETA,
shall provide information concerning the availability of supporting
documents for public examination at the national office of ETA, and
shall include the following statement: ``Complaints alleging a
misrepresentation of material facts in the attestation and/or failure to
comply with the terms of the attestation may be filed with any office of
the Wage and Hour Division of the United States Department of Labor.''
(b) The employer shall request a copy of the Certificate of
Compliance issued by the district director of the Office of Workers'
Compensation Programs under section 37 of the Longshore and Harbor
Workers' Compensation Act (33 U.S.C. 932) from the parties to whom
notice is provided pursuant to paragraphs (a)(1) (ii) and (iii) of this
section. An employer's obligation to make a bona fide request for
dispatch of U.S. longshore workers under Sec. 655.534 of this part
before using alien crewmembers to perform the longshore work attested to
shall commence upon receipt of the copy of the Certificate of
Compliance.
(c) Documentation. The employer shall develop and maintain
documentation sufficient to meet its burden of proving the validity of
the statement referenced in paragraphs (a) and (b) of this section and
attested to on the Form ETA 9033-A. Such documentation shall include a
copy of the notices provided, as required by paragraph (a)(1) of this
section, and shall be submitted to ETA along with the Form ETA 9033-A.
