§ 425. Membership in a labor union or 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 quarter horse 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 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
law 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.