Legislation
SECTION 1330
Registration of labor organizations
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 13, TITLE 4
§ 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.
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.