N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 327: Membership in a labor union or a labor organization

§ 327. Membership in a labor union or a labor organization. 1.

Membership in a labor union or a labor organization shall not be, or be

made, a condition of employment or a preference in employment nor a

condition of, or a preference in, the continuation of employment of any

person at any track at which pari-mutuel harness racing is conducted by

any association or corporation licensed under sections two hundred

twenty-two through seven hundred five of this chapter and it shall be

unlawful for any labor union or labor organization, or any of its

agents, to cause or attempt to cause any such association or corporation

to make membership in a labor union or a labor organization a condition

of employment or a preference in employment or a condition of, or a

preference in, the continuation of employment of any person at any such

track; except that nothing herein shall prohibit the incorporation in

any collective bargaining agreement between such an association or

corporation and a bona fide labor union or bona fide labor organization

(determined to be the exclusive representative of employees in the

appropriate bargaining unit covered by such agreement after an election

pursuant to the provisions of the New York state labor relations act) of

a provision which provides that an employee of such association or

corporation shall not be permitted to continue in such employment beyond

the fifteenth day after the date of his employment or the effective date

of the agreement whichever is later unless by then he has become, and

thereafter during his employment shall remain, a member of such labor

union or labor organization, or, if such employee is required by the

provisions of sections two hundred twenty-two through seven hundred five

of this chapter to be licensed, unless he becomes such a member not

later than the fifteenth day after the date of his employment, or after

the day on which the board shall grant a license to such employee,

whichever of said two days shall be later. Notwithstanding any such

agreement, no such association or corporation shall discharge any

employee for non-membership in a labor union or labor organization if it

has reasonable grounds for believing that such membership was not

available to the employee on the same terms and conditions generally

applicable to other members, or if it has reasonable grounds for

believing that membership was denied or terminated for any reason other

than the failure of the employee to tender the periodic dues and the

initiation fees uniformly required as a condition of acquiring or

retaining membership.

2. Any person who wilfully violates any of the provisions of this

section shall be guilty of a misdemeanor and, upon conviction thereof,

shall be subject to a fine of not more than five thousand dollars or to

imprisonment for not more than one year, or both.

3. The supreme court of this state shall have jurisdiction, upon

petition and upon such notice to the opposing party or parties as the

court shall direct, to restrain any violation of this section, any other

act of this state to the contrary notwithstanding, and to grant such

other relief to any person who shall be aggrieved by any such violation

as the court shall deem proper.

4. The provisions of this section shall not apply to employees engaged

in the preparation, service and handling of food and beverages in the

operation of a restaurant or a food or beverage dispensing facility at

such track.