N.Y. Labor Law § 725: Enforcement of fiduciary obligations

§ 725. Enforcement of fiduciary obligations. 1. Where an officer or

agent of a labor organization has violated or is violating any of his

obligations provided in sections seven hundred twenty-two and seven

hundred twenty-three, such labor organization and the parent

organization of such labor organization shall each have the right to

bring an action or proceeding in any court of competent jurisdiction for

legal or equitable relief to redress such violation of obligation. Any

member of such labor organization shall have the right to bring such

action or proceeding if (a) after request by any member that such action

or proceeding be brought, such organization shall fail to do so, or (b)

such request would be futile, or (c) such organization has failed to

prosecute diligently any such action or proceeding which it has brought.

2. If any such action or proceeding is determined in favor of such

organization or any such member, the court may award, in addition to

other costs authorized by law, reasonable attorneys' fees and

disbursements out of any moneys awarded or funds or assets recovered in

such action or proceeding.

3. Any employer, employer organization, labor relations consultant, or

other person who knowingly participated in or induced any conduct or act

which violates any of the obligations of an officer or agent of a labor

organization provided in sections seven hundred twenty-two and seven

hundred twenty-three, shall be subject to the same liabilities and

judicial remedies as such officer or agent, including but not limited to

joint and several liability with such officer or agent for any losses

suffered by the labor organization, or any member thereof, as a result

of any such violation of obligation, and joint and several liability to

pay over to such labor organization or such member any gains or profits

made as a result of such knowing participation or inducement.

4. Each wilful and knowing violation of any of the provisions of

sections seven hundred twenty-three or seven hundred twenty-four of this

article shall constitute a misdemeanor, punishable by imprisonment for

not more than one year, or by a fine of not more than one thousand

dollars, or by both.