N.Y. Labor Law Section 211-A
Prohibition against use of funds


1.

The legislature hereby finds and declares that sound fiscal management requires vigilance to ensure that funds appropriated by the legislature for the purchase of goods and provision of needed services are ultimately expended solely for the purpose for which they were appropriated. The legislature finds and declares that when public funds are appropriated for the purchase of specific goods and/or the provision of needed services, and those funds are instead used to encourage or discourage union organization, the proprietary interests of this state are adversely affected. As a result, the legislature declares that the use of state funds and property to encourage or discourage employees from union organization constitutes a misuse of the public funds and a misapplication of scarce public resources, which should be utilized solely for the public purpose for which they were appropriated.

2.

Notwithstanding any other provision of law, no monies appropriated by the state for any purpose shall be used or made available to employers to:

(a)

train managers, supervisors or other administrative personnel regarding methods to encourage or discourage union organization, or to encourage or discourage an employee from participating in a union organizing drive;

(b)

hire or pay attorneys, consultants or other contractors to encourage or discourage union organization, or to encourage or discourage an employee from participating in a union organizing drive; or

(c)

hire employees or pay the salary and other compensation of employees whose principal job duties are to encourage or discourage union organization, or to encourage or discourage an employee from participating in a union organizing drive.

3.

Any employer that utilizes funds appropriated by the state and engages in such activities shall maintain, for a period of not less than three years from the date of such activities, financial records, audited as to their validity and accuracy, sufficient to show that state funds were not used to pay for such activities. An employer shall make such financial records available to the state entity that provided such funds and the attorney general within ten business days of receipt of a request from such entity or the attorney general for such records.

4.

The attorney general may apply in the name of the people of the state of New York for an order enjoining or restraining the commission or continuance of the alleged violation of this section. In any such proceeding, the court may order the return to the state of the unlawfully expended funds. Further, the court may impose a civil penalty not to exceed one thousand dollars where it has been shown that an employer engaged in a violation of subdivision two of this section; provided, however, that a court may impose a civil penalty not to exceed one thousand dollars or three times the amount of money unlawfully expended, whichever is greater, where it is shown that the employer knowingly engaged in a violation of subdivision two of this section or where the employer previously had been found to have violated subdivision two within the preceding two years. All monies collected pursuant to this section shall be deposited in the state general fund.

5.

The commissioner shall promulgate regulations describing the form and content of the financial records required pursuant to this section, and the commissioner shall provide advice and guidance to state entities subject to the provisions of this section as to the implementation of contractual and administrative measures to enforce the purposes of this section.

Source: Section 211-A — Prohibition against use of funds, https://www.­nysenate.­gov/legislation/laws/LAB/211-A (updated Sep. 22, 2014; accessed Jul. 13, 2024).

200
General duty to protect health and safety of employees
200‑A
Laws to be posted at airports
201
Laws and orders to be posted
201‑A
Fingerprinting of employees prohibited
201‑B
Fees for medical examination
201‑C
Discrimination in child-care leave prohibited
201‑D
Discrimination against the engagement in certain activities
201‑E
Maintenance of employee-patient records at occupational health service centers
201‑F
Posting regulations on employment of persons previously convicted of one or more crimes
201‑G
Prevention of sexual harassment
201‑H
Posting of veterans’ benefits and services
201‑I
Request for access to personal accounts prohibited
202
Protection of the public and of persons engaged at window cleaning and cleaning of exterior surfaces of buildings
202‑A
Leave of absence for bone marrow donations
202‑B
Leave for organ or bone marrow donation granted to state employees
202‑C
Prevention of personal injuries in the use of ski tows, other passenger tramways and downhill ski areas
202‑D
Coin-operated machines performing a manufacturing process
202‑E
Protection of persons employed on/in vehicular bridges and/or tunnels
202‑F
Protection of hotel and motel employees against fire hazards in employee housing facilities
202‑G
Display of fuel-connected appliances in wholesale or retail store
202‑H
High-voltage proximity
202‑I
Leave of absence for military spouses
202‑J
Leave of absence for blood donation granted to employees
202‑K
Protection of persons employed in the broadcast industry
202‑L
Leave of absence for volunteer emergency responders
203
Washrooms, washing facilities and waterclosets for elevator employees
203‑A
Seats in certain passenger elevators or relief for the operator
203‑B
Seats for female employees
203‑C
Employee privacy protection
203‑D
Employee personal identifying information
203‑E
Prohibition of discrimination based on an employee’s or a dependent’s reproductive health decision making
203‑F
Inventions made by employees
204
Inspection of boilers
204‑B
Refunds
205
Prohibition against eating meals in certain workrooms
206
Prevention of personal injuries to persons engaged in tree trimming
206‑A
Physical examinations of females
206‑C
Right of nursing employees to express breast milk
207
Protection of employees at switchboards
207‑A
Employee safety in work on energized high voltage lines
208
Labels, brands and marks used by labor organizations
209
Illegal use of labels, brands and marks
209‑A
Fraudulent representation in labor organizations
210
Proceedings for nonenforcement
210‑A
Legal duty to employees
211
Protection of employees
211‑A
Prohibition against use of funds
212
Drinking water for farm laborers
212‑A
Migrant registration law
212‑B
Farm labor camp commissaries
212‑C
Definitions
212‑D
Field sanitation for farm hand workers, farm field workers and farm food processing workers
213
Violations of provisions of labor law
213‑A
Special provisions regarding the purchasing of apparel or sports equipment by the state university of New York and the city university of...
214
Criminal prosecution
215
Penalties and civil action
215‑A
Discrimination against employees for failure to meet certain ticket quotas
215‑B
Children
215‑C
Discrimination against employees for displaying the American flag
216
Failure to pay statutory inspection fees
217
Employee notification and remittance of premiums
218
Violations of certain provisions
218‑A
Sun safety education for state employees
218‑B
Prevention of occupational exposure to an airborne infectious disease
219
Violations of certain wage payment provisions
219‑A
Affirmation in lieu of oath
219‑C
Public notice of employer violations
219‑D
Emergency alert notification system employer registration

Accessed:
Jul. 13, 2024

Last modified:
Sep. 22, 2014

§ 211-A’s source at nysenate​.gov

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