N.Y. EXC Law § 534-R — New York Code / Act EXC / Article 19-I / Section 534-R
Certain solicitations prohibited; prohibition against the holding of union position by officers, agents or employees who have been convic...
Status: in_force

§ 534-r. Certain solicitations prohibited; prohibition against the\nholding of union position by officers, agents or employees who have been\nconvicted of certain crimes and offenses. 1. No person shall solicit,\ncollect or receive any dues, assessments, levies, fines or\ncontributions, or other charges within the state for or on behalf of any\nlabor organization which represents employees registered or licensed\npursuant to the provisions of this article or which derives its charter\nfrom a labor organization representing one hundred or more of such\nregistered or licensed employees, if any officer, agent or employee of\nsuch labor organization, or of a welfare fund or trust administered\npartially or entirely by such labor organization or by trustees or other\npersons designated by such labor organization, has been convicted by a\ncourt of the United States, or any state or territory thereof, of a\nfelony, any misdemeanor involving moral turpitude or any crime or\noffense enumerated in paragraph (b) of subdivision three of section five\nhundred thirty-four-j of this article, unless such person has been\nsubsequently pardoned therefor by the governor or other appropriate\nauthority of the state or jurisdiction in which such conviction was had\nor has received a certificate of good conduct from the board of parole\npursuant to the provisions of this chapter to remove the disability. No\nperson so convicted shall serve as an officer, agent or employee of such\nlabor organization, welfare fund or trust unless such person has been so\npardoned or has received a certificate of good conduct. No person,\nincluding such labor organization, welfare fund or trust, shall\nknowingly permit such convicted person to assume or hold any office,\nagency, or employment in violation of this section.\n  2. As used in this section, the term "labor organization" shall mean\nand include any organization which exists and is constituted for the\npurpose in whole or in part of collective bargaining, or of dealing with\nemployers concerning grievances, terms and conditions of employment, or\nof other mutual aid or protection; but it shall not include a federation\nor congress of labor organizations organized on a national or\ninternational basis even though one of its constituent labor\norganizations may represent persons so registered or licensed.\n  3. Any person who shall violate this section shall be guilty of a\nmisdemeanor punishable by a fine of not more than five hundred dollars\nor imprisonment for not more than three hundred sixty-four days, or\nboth.\n  4. If upon application to the commission by an employee who has been\nconvicted of a crime or offense specified in subdivision one of this\nsection the commission, in its discretion, determines in an order that\nit would not be contrary to the purposes and objectives of this act for\nsuch employee to work in a particular employment for a labor\norganization, welfare fund or trust within the meaning of subdivision\ntwo of this section, the provisions of subdivision two of this section\nshall not apply to the particular employment of such employee with\nrespect to such conviction or convictions as are specified in the\ncommission's order. This section is applicable only to those employees\nwho for wages or salary perform manual, mechanical, or physical work of\na routine or clerical nature at the premises of the labor organization,\nwelfare fund or trust by which they are employed.\n  5. No person who has been convicted of a crime or offense specified in\nsubdivision one of this section shall directly or indirectly serve as an\nofficer, agent or employee of a labor organization, welfare fund or\ntrust unless such person has been subsequently pardoned for such crime\nor offense by the governor or other appropriate authority of the state\nor jurisdiction in which such conviction was had or has received a\ncertificate of good conduct or other relief from disabilities arising\nfrom the fact of conviction from a board of parole or similar authority\nor has received pursuant to subdivision one of this section an order of\nexception from the commission. No person, including a labor\norganization, welfare fund or trust within the meaning of subdivision\none of this section, shall knowingly permit any other person to assume\nor hold any office, agency or employment in violation of this section.\n  6. The commission may maintain a civil action against any person,\nlabor organization, welfare fund or trust or officers thereof to compel\ncompliance with this section, or to prevent any violations, the aiding\nand abetting thereof, or any attempt or conspiracy to violate this\nsection, either by mandamus, injunction or action and upon a proper\nshowing a temporary restraining order or other appropriate temporary\norder shall be granted ex parte and without bond pending final hearing\nand determination. Nothing in this section shall be construed to modify,\nlimit or restrict in any way the provisions of subdivision one of this\nsection.\n