§ 327 — Membership in a labor union or a labor organization

§ 327. Membership in a labor union or a labor organization. 1.\nMembership in a labor union or a labor organization shall not be, or be\nmade, a condition of employment or a preference in employment nor a\ncondition of, or a preference in, the continuation of employment of any\nperson at any track at which pari-mutuel harness racing is conducted by\nany association or corporation licensed under sections two hundred\ntwenty-two through seven hundred five of this chapter and it shall be\nunlawful for any labor union or labor organization, or any of its\nagents, to cause or attempt to cause any such association or corporation\nto make membership in a labor union or a labor organization a condition\nof employment or a preference in employment or a condition of, or a\npreference in, the continuation of employment of any person at any such\ntrack; except that nothing herein shall prohibit the incorporation in\nany collective bargaining agreement between such an association or\ncorporation and a bona fide labor union or bona fide labor organization\n(determined to be the exclusive representative of employees in the\nappropriate bargaining unit covered by such agreement after an election\npursuant to the provisions of the New York state labor relations act) of\na provision which provides that an employee of such association or\ncorporation shall not be permitted to continue in such employment beyond\nthe fifteenth day after the date of his employment or the effective date\nof the agreement whichever is later unless by then he has become, and\nthereafter during his employment shall remain, a member of such labor\nunion or labor organization, or, if such employee is required by the\nprovisions of sections two hundred twenty-two through seven hundred five\nof this chapter to be licensed, unless he becomes such a member not\nlater than the fifteenth day after the date of his employment, or after\nthe day on which the board shall grant a license to such employee,\nwhichever of said two days shall be later. Notwithstanding any such\nagreement, no such association or corporation shall discharge any\nemployee for non-membership in a labor union or labor organization if it\nhas reasonable grounds for believing that such membership was not\navailable to the employee on the same terms and conditions generally\napplicable to other members, or if it has reasonable grounds for\nbelieving that membership was denied or terminated for any reason other\nthan the failure of the employee to tender the periodic dues and the\ninitiation fees uniformly required as a condition of acquiring or\nretaining membership.\n 2. Any person who wilfully violates any of the provisions of this\nsection shall be guilty of a misdemeanor and, upon conviction thereof,\nshall be subject to a fine of not more than five thousand dollars or to\nimprisonment for not more than one year, or both.\n 3. The supreme court of this state shall have jurisdiction, upon\npetition and upon such notice to the opposing party or parties as the\ncourt shall direct, to restrain any violation of this section, any other\nact of this state to the contrary notwithstanding, and to grant such\nother relief to any person who shall be aggrieved by any such violation\nas the court shall deem proper.\n 4. The provisions of this section shall not apply to employees engaged\nin the preparation, service and handling of food and beverages in the\noperation of a restaurant or a food or beverage dispensing facility at\nsuch track.\n