N.Y. Racing, Pari-Mutuel Wagering and Breeding Law Section 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.

Source: Section 327 — Membership in a labor union or a labor organization, https://www.­nysenate.­gov/legislation/laws/PML/327 (updated Sep. 22, 2014; accessed Jun. 8, 2024).

301
General powers of commission
302
Incorporation
303
Filing of information concerning stock transfers
303‑A
Non-managing ownership of standardbred horses
304
Right to hold harness race meetings and races
305
Pari-mutuel betting at harness races
307
Licenses for harness race meetings
307‑A
New York-bred or wholly owned harness races
308
Officials at harness horse race meetings
309
Licenses for participants and employees at harness race meetings
310
Power of the commission to impose fines and penalties
311
Refunds
312
Special police officers
313
Place and manner of conducting pari-mutuel betting
314
Construction with other laws
315
Bond required of corporation or association conducting pari-mutuel betting
316
Books and records of pari-mutuel betting
317
Filing of certain agreements with the commission
318
Disposition of on-track pari-mutuel pools
319
Capital improvements
320
Revocation of license
321
Hearing of refusal or revocation of license
322
Approval of plans of corporation or association
324
Free or reduced fee passes, cards or badges
325
County, town and agricultural fairs and harness race meetings not licensed to conduct pari-mutuel betting
326
Employees at harness race meetings
327
Membership in a labor union or a labor organization
328
Disposition of unpaid money due on account of pari-mutuel tickets not presented
329
Penalties
330
Agriculture and New York state horse breeding development fund
331
Powers
332
Resources of fund
333
New York state exposition harness racing
334
New York-bred harness horse events
335
County and town agricultural society harness racing events
336
Actions against fund

Accessed:
Jun. 8, 2024

Last modified:
Sep. 22, 2014

§ 327’s source at nysenate​.gov

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