2006 New York Code - Membership In A Labor Union Or Labor Organization.

 
    §  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.