N.Y. Labor Law § 211-a: Prohibition against use of funds

§ 211-a. Prohibition against use of funds. 1. The legislature hereby

finds and declares that sound fiscal management requires vigilance to

ensure that funds appropriated by the legislature for the purchase of

goods and provision of needed services are ultimately expended solely

for the purpose for which they were appropriated. The legislature finds

and declares that when public funds are appropriated for the purchase of

specific goods and/or the provision of needed services, and those funds

are instead used to encourage or discourage union organization, the

proprietary interests of this state are adversely affected. As a result,

the legislature declares that the use of state funds and property to

encourage or discourage employees from union organization constitutes a

misuse of the public funds and a misapplication of scarce public

resources, which should be utilized solely for the public purpose for

which they were appropriated.

2. Notwithstanding any other provision of law, no monies appropriated

by the state for any purpose shall be used or made available to

employers to: (a) train managers, supervisors or other administrative

personnel regarding methods to encourage or discourage union

organization, or to encourage or discourage an employee from

participating in a union organizing drive; (b) hire or pay attorneys,

consultants or other contractors to encourage or discourage union

organization, or to encourage or discourage an employee from

participating in a union organizing drive; or (c) hire employees or pay

the salary and other compensation of employees whose principal job

duties are to encourage or discourage union organization, or to

encourage or discourage an employee from participating in a union

organizing drive.

3. Any employer that utilizes funds appropriated by the state and

engages in such activities shall maintain, for a period of not less than

three years from the date of such activities, financial records, audited

as to their validity and accuracy, sufficient to show that state funds

were not used to pay for such activities. An employer shall make such

financial records available to the state entity that provided such funds

and the attorney general within ten business days of receipt of a

request from such entity or the attorney general for such records.

4. The attorney general may apply in the name of the people of the

state of New York for an order enjoining or restraining the commission

or continuance of the alleged violation of this section. In any such

proceeding, the court may order the return to the state of the

unlawfully expended funds. Further, the court may impose a civil penalty

not to exceed one thousand dollars where it has been shown that an

employer engaged in a violation of subdivision two of this section;

provided, however, that a court may impose a civil penalty not to exceed

one thousand dollars or three times the amount of money unlawfully

expended, whichever is greater, where it is shown that the employer

knowingly engaged in a violation of subdivision two of this section or

where the employer previously had been found to have violated

subdivision two within the preceding two years. All monies collected

pursuant to this section shall be deposited in the state general fund.

5. The commissioner shall promulgate regulations describing the form

and content of the financial records required pursuant to this section,

and the commissioner shall provide advice and guidance to state entities

subject to the provisions of this section as to the implementation of

contractual and administrative measures to enforce the purposes of this

section.