N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 1330: Registration of labor organizations

§ 1330. Registration of labor organizations. 1. Each labor

organization, union or affiliate seeking to represent employees who are

employed in a gaming facility by a gaming facility licensee shall

register with the commission biennially, and shall disclose such

information as the commission may require, including the names of all

affiliated organizations, pension and welfare systems and all officers

and agents of such organizations and systems; provided, however, that no

labor organization, union, or affiliate shall be required to furnish

such information to the extent such information is included in a report

filed by any labor organization, union, or affiliate with the Secretary

of Labor pursuant to 29 U.S.C. § 431 et seq. or § 1001 et seq. if a copy

of such report, or of the portion thereof containing such information,

is furnished to the commission pursuant to the aforesaid federal

provisions. The commission may in its discretion exempt any labor

organization, union, or affiliate from the registration requirements of

this subdivision where the commission finds that such organization,

union or affiliate is not the certified bargaining representative of any

employee who is employed in a gaming facility by a gaming facility

licensee, is not involved actively, directly or substantially in the

control or direction of the representation of any such employee, and is

not seeking to do so.

2. No person may act as an officer, agent or principal employee of a

labor organization, union or affiliate registered or required to be

registered pursuant to this section if the person has been found

disqualified by the commission in accordance with the criteria contained

in section one thousand three hundred eighteen of this article. The

commission may, for purposes of this subdivision, waive any

disqualification criterion consistent with the public policy of this

article and upon a finding that the interests of justice so require.

3. Neither a labor organization, union or affiliate nor its officers

and agents not otherwise individually licensed or registered under this

article and employed by a gaming facility licensee may hold any

financial interest whatsoever in the gaming facility or gaming facility

licensee whose employees they represent.

4. The commission may maintain a civil action and proceed in a summary

manner, without posting bond, against any person, including any labor

organization, union or affiliate, to compel compliance with this

section, or to prevent any violations, the aiding and abetting thereof,

or any attempt or conspiracy to violate this section.

5. In addition to any other remedies provided in this section, a labor

organization, union or affiliate registered or required to be registered

pursuant to this section may be prohibited by the commission from

receiving any dues from any employee licensed or registered under this

article and employed by a gaming facility licensee or its agent, if any

officer, agent or principal employee of the labor organization, union or

affiliate has been found disqualified and if such disqualification has

not been waived by the commission in accordance with subdivision two of

this section.