a. As used in section 22-502, the following words and phrases shall mean and include:
1. "Strike". Any concerted act of the employees in a lawful refusal of the employees to perform work or services for the employer, provided such acts are not recognized as unlawful under New York state and federal law, and if the employees are represented by a labor organization, that the said labor organization shall have approved or sanctioned the act.
2. "Lockout". A refusal by an employer to permit his employees to work as a result of a dispute with such employees that affects wages, hours and other terms and conditions of employment of said employees, provided, however, that a lockout shall not include a termination of employment for reasons deemed proper under New York state and federal law.
3. "Employer". A person, firm or corporation who employs any employee to perform services for a wage or salary and includes any person, firm or corporation acting as an agent of any employer, directly or indirectly.
4. "Employee". Any person who performs services for wages or salary under a contract of employment, express or implied, for an employer.
5. "Labor organization". Any organization of any kind or any agency or employee representation committee or plan in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work.
6. "Strikebreaker". Any person who customarily and repeatedly offers himself or herself for employment for the duration of a strike or lockout in the place of employees involved in a strike or lockout.
a. It shall be unlawful in the city of New York for any employer wilfully and knowingly to employ any strikebreaker to replace employees who are either on strike against or locked out by such employer.
b. It shall be unlawful within the city of New York for any person, firm or corporation not directly involved in a strike or lockout to recruit any person or persons for employment or to secure or offer to secure for a person or persons any employment when the purpose of such recruiting, securing or offering to secure employment is to have such person take the place in employment of employees in an industry or establishment where a strike or lockout exists, provided that this section shall not apply to any employment agency duly licensed in the city of New York or any nurses registry and provided that such employment is in the regular course of business of such employment agency or nurses registry.
c. It shall be unlawful for any person, firm or corporation including such duly licensed employment agency to transport or arrange to transport to the city of New York any person or persons for employment for the purpose of having such person take the place in employment of employees in an industry or establishment where a strike or lockout exists.
d. Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine or not more than one thousand dollars or to suffer imprisonment for a term not exceeding one year, or both.
a. Notwithstanding the provisions of any law, rule or regulation or the terms or conditions of any license relating to the examination of applicants for such licenses or the payment of fees therefor, the head of each agency of the city authorized to issue licenses or permits shall extend or renew any license issued by such agency to any person who shall:
1. Engage in the performance of active duty in the army, navy or marine corps of the United States,
2. Be honorably discharged therefrom or be relieved from active duty therein without fault or delinquency, and
3. Hold such license at the time of entrance upon such performance of active duty.
b. Upon application of any such person to the appropriate agency, within one year from his or her discharge from active duty, and without further examination as to the qualification of the applicant, the head of such agency shall renew such license.
c. Where the license is one for which there is an annual fee and where the business or occupation has been discontinued while the licensee was in active service, the head of such agency shall credit against the fee for the renewed license a sum equal to one-twelfth of the annual fee paid by the applicant for the license held by him or her for each month of such active duty until the expiration of such license. Application for such renewal of license shall be made within sixty days after the applicant's discharge from active duty. If at the time of renewal the credit, computed as above provided, is greater than the fee charged for the renewed license, the remainder of such credit shall be applied to the fee charged for the next subsequent renewal of such license.
d. Nothing in this section shall affect any law, rule or regulation of any agency relating to the premises where the business or occupation is to be conducted or to the location or sanitary condition thereof.
e. The term "license" as used in this section shall include permits.
f. Notwithstanding the provisions of this section and section 19-505 of the code, the following persons shall be entitled to receive taxicab licenses upon the following terms and conditions:
1. Any person who held a taxicab license and transferred same immediately preceding entry into the performance of active duty in the army, navy or marine corps of the United States, in anticipation of engaging in the performance of such active duty, and was subsequently honorably discharged therefrom.
2. Any person who held a taxicab license at the time of entry into the performance of active duty in the army, navy or marine corps of the United States and transferred such taxicab license while engaged in such duty and was or is subsequently honorably dis- charged.
3. Applications for taxicab licenses under this subdivision must be made to the taxicab and limousine commission within one hundred and twenty days after his or her discharge from military service.
4. Taxicab licenses issued pursuant to the provisions of this subdivision shall not be transferable except that licenses issued to World War II veterans (if current and operative April fifteenth, nineteen hundred sixty-three), shall be transferable provided said licenses have not been previously revoked for cause or surrendered voluntarily. In the event that the holder of such a license has died prior to March twenty-seventh, nineteen hundred sixty-seven, a transferable license shall be issued to the legal representative of the deceased licensee, provided said representative files a suitable application therefor and is qualified to hold such license.
Whenever, by the provisions of the code, experience in a particular trade is a prerequisite for obtaining any license, certificate or permit issued thereunder, the period of service in the armed forces of the United States in an area designated by the president of the United States by executive order as a "combat zone" at any time during the period designated by the president as the period of combatant activities in such zone, by an honorably discharged member thereof who shall apply for such license, certificate or permit, shall be deemed the equivalent of such experience on a year for year basis and shall be accepted accordingly, provided, however, that such applicant prior to his or her entry into the said armed forces possessed not less than one year of the experience required under the code, and further provided that such experience was interrupted by such entry into the said armed forces. An applicant may apply the provisions of this section and section 22-504.1 of this chapter to satisfy the experience prerequisite in a particular trade for the applicable license, certificate or permit. The provisions of this section shall not apply to license of hoist machine operator, master rigger, master plumber, site safety coordinator, site safety manager and license of high-pressure boiler operating engineer, except that of an applicant for a license of high-pressure boiler operating engineer, who has had, during the ten years immediately preceding the filing of this application, at least five years' experience required under the code, or at least one year's experience prior to his or her entry into the said armed forces, and while in the said armed forces served as a firefighter, oiler, boilermaker, machinist, water tender or engineer, or while in the said armed forces performed duties equivalent to the duties performed by firefighter, oiler, boilermaker, machinist, water tender or engineer for an additional period of time, to make a total of five years' experience, shall be deemed to possess the required experience as applicant for a license of high-pressure boiler operating engineer. Notwithstanding any other provision of this section, the head of each city agency issuing any license, certificate or permit for which experience in a particular trade is a prerequisite shall have the authority to determine whether additional experience is necessary before issuing any such license, certificate or permit. The provisions of this section shall apply only to applicants who are at least eighteen years of age; and are able to read and write the English language.
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