For the purposes of subparts F and G of this part:
Accepted for filing means that a properly completed attestation on
Form ETA 9033, including accompanying documentation for each of the
requirements in Sec. 655.510 (d) through (f) of this part, or a properly
completed attestation on Form ETA 9033-A, including accompanying
documentation for the requirement in Sec. 655.537 of this part in the
case of an attestation under the Alaska exception, submitted by the
employer or its designated agent or representative has been received and
filed by the Employment and Training Administration of the Department of
Labor (DOL). (Unacceptable attestations under the prevailing practice
exception are described at Sec. 655.510(g)(2) of this part. Unacceptable
attestations under the Alaska exception are described at Sec. 655.538(b)
of this part.)
Act and INA mean the Immigration and Nationality Act, as amended, 8
U.S.C. 1101 et seq.
Activity means any activity relating to loading cargo; unloading
cargo; operation of cargo-related equipment; or handling of mooring
lines on the dock when a vessel is made fast or let go.
Administrative law judge means an official appointed pursuant to 5
U.S.C. 3105.
Administrator means the Administrator of the Wage and Hour Division,
Employment Standards Administration, Department of Labor, or such
authorized representatives as may be designated to perform any of the
functions of the Administrator under subparts F and G of this part.
Attestation means documents submitted by an employer attesting to
and providing accompanying documentation to show that, under the
prevailing practice exception, the use of alien crewmembers for a
particular activity of longshore work at a particular U.S. port is the
prevailing practice, and is not during a strike or lockout nor intended
to influence an election of a bargaining representative for workers; and
that notice of the attestation has
been provided to the bargaining representative, or, where there is none,
to the longshore workers at the local port. Under the Alaska exception,
such documents shall show that, before using alien crewmen to perform
longshore work, the employer will make bona fide requests for dispatch
of United States longshore workers who are qualified and available in
sufficient numbers and that the employer will employ all such United
States longshore workers in response to such a request for dispatch;
that the use of alien crewmembers is not intended or designed to
influence an election of a bargaining representative for workers in the
State of Alaska; and that notice of the attestation has been provided to
labor organizations recognized as exclusive bargaining representatives
of United States longshore workers, contract stevedoring companies, and
operators of private docks at which the employer will use longshore
workers.
Attesting employer means an employer who has filed an attestation.
Attorney General means the chief official of the U.S. Department of
Justice or the Attorney General's designee.
Automated vessel means a vessel equipped with an automated self-
unloading conveyor belt or vacuum-actuated system which is utilized for
loading or unloading cargo between the vessel and the dock.
Certifying Officer means a Department of Labor official who makes
determinations about whether or not to accept attestations:
(1) A regional Certifying Officer designated by a Regional
Administrator, Employment and Training Administration (RA) makes such
determinations in a regional office of the Department;
(2) A national Certifying Officer makes such determinations in the
national office of the USES.
Chief, Division of Foreign Labor Certifications, USES means the
chief official of the Division of Foreign Labor Certifications within
the United States Employment Service, Employment and Training
Administration, Department of Labor, or the designee of the Chief,
Division of Foreign Labor Certifications, USES.
Chief Administrative Law Judge means the chief official of the
Office of the Administrative Law Judges of the Department of Labor or
the Chief Administrative Law Judge's designee.
Contract stevedoring company means a stevedoring company which is
licensed to do business in the State of Alaska and which meets the
requirements of section 32 of the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 932).
Crewmember means any nonimmigrant alien admitted to the United
States to perform services under sec. 101(a)(15)(D)(i) of the Act (8
U.S.C. 1101(a)(15)(D)(i)).
Date of filing means the date an attestation is accepted for filing
by ETA.
Department and DOL mean the United States Department of Labor.
Director means the chief official of the United States Employment
Service (USES), Employment and Training Administration, Department of
Labor, or the Director's designee.
Division means the Wage and Hour Division of the Employment
Standards Administration, DOL.
Employer means a person, firm, corporation, or other association or
organization, which suffers or permits, or proposes to suffer or permit,
alien crewmembers to perform longshore work at a port within the U.S.
For purposes of Secs. 655.530 through 655.541, which govern the
performance of longshore activities by alien crewmembers under the
Alaska exception, ``employer'' includes any agent or representative
designated by the employer.
Employment and Training Administration (ETA) means the agency within
the Department of Labor (DOL) which includes the United States
Employment Service (USES).
Employment Standards Administration (ESA) means the agency within
the Department of Labor (DOL) which includes the Wage and Hour Division.
Immigration and Naturalization Service (INS) means the component of
the Department of Justice which makes the determination under the Act on
whether an employer of alien crewmembers may use such crewmembers for
longshore work at a U.S. port.
Lockout means a labor dispute involving a work stoppage, wherein an
employer withholds work from its employees in order to gain a concession
from them.
Longshore work means any activity (except safety and environmental
protection work as described in sec. 258(b)(2) of the Act) relating to
the loading or unloading of cargo, the operation of cargo related
equipment (whether or not integral to the vessel), or the handling of
mooring lines on the dock when the vessel is made fast or let go, in the
United States or the coastal waters thereof.
Longshore worker means a U.S. worker who performs longshore work.
Port means a geographic area, either on a seacoast, lake, river or
any other navigable body of water, which contains one or more publicly
or privately owned terminals, piers, docks, or maritime facilities,
which is commonly thought of as a port by other government maritime-
related agencies, such as the Maritime Administration. U.S. ports
include, but are not limited to, those listed in Appendix A to this
subpart.
Qualified and available in sufficient numbers means the full
complement of qualified longshore workers needed to perform the
longshore activity, as determined by industry standards in the State of
Alaska, including safety considerations.
Regional Administrator, Employment and Training Administration (RA)
means the chief official of the Employment and Training Administration
(ETA) in a Department of Labor (DOL) regional office.
Secretary means the Secretary of Labor or the Secretary's designee.
Strike means a labor dispute wherein employees engage in a concerted
stoppage of work (including stoppage by reason of the expiration of a
collective-bargaining agreement) or engage in any concerted slowdown or
other concerted interruption of operations.
Unanticipated emergency means an unexpected and unavoidable
situation, such as one involving severe weather conditions, natural
disaster, or mechanical breakdown, where cargo must be immediately
loaded on, or unloaded from, a vessel.
United States is defined at 8 U.S.C. 1101(a)(38).
United States Employment Service (USES) means the agency of the
Department of Labor, established under the Wagner-Peyser Act, which is
charged with administering the national system of public employment
offices.
United States (U.S.) worker means a worker who is a U.S. citizen, a
U.S. national, a permanent resident alien, or any other worker legally
permitted to work indefinitely in the United States.
