* ³ 534-r. Certain solicitations prohibited; prohibition against the
holding of union position by officers, agents or employees who have been
convicted of certain crimes and offenses. 1. No person shall solicit,
collect or receive any dues, assessments, levies, fines or
contributions, or other charges within the state for or on behalf of any
labor organization which represents employees registered or licensed
pursuant to the provisions of this article or which derives its charter
from a labor organization representing one hundred or more of such
registered or licensed employees, if any officer, agent or employee of
such labor organization, or of a welfare fund or trust administered
partially or entirely by such labor organization or by trustees or other
persons designated by such labor organization, has been convicted by a
court of the United States, or any state or territory thereof, of a
felony, any misdemeanor involving moral turpitude or any crime or
offense enumerated in paragraph (b) of subdivision three of section five
hundred thirty-four-j of this article, unless such person has been
subsequently pardoned therefor by the governor or other appropriate
authority of the state or jurisdiction in which such conviction was had
or has received a certificate of good conduct from the board of parole
pursuant to the provisions of this chapter to remove the disability. No
person so convicted shall serve as an officer, agent or employee of such
labor organization, welfare fund or trust unless such person has been so
pardoned or has received a certificate of good conduct. No person,
including such labor organization, welfare fund or trust, shall
knowingly permit such convicted person to assume or hold any office,
agency, or employment in violation of this section.

2. As used in this section, the term "labor organization" shall mean
and include any organization which exists and is constituted for the
purpose in whole or in part of collective bargaining, or of dealing with
employers concerning grievances, terms and conditions of employment, or
of other mutual aid or protection; but it shall not include a federation
or congress of labor organizations organized on a national or
international basis even though one of its constituent labor
organizations may represent persons so registered or licensed.

3. Any person who shall violate this section shall be guilty of a
misdemeanor punishable by a fine of not more than five hundred dollars
or imprisonment for not more than three hundred sixty-four days, or
both.

4. If upon application to the commission by an employee who has been
convicted of a crime or offense specified in subdivision one of this
section the commission, in its discretion, determines in an order that
it would not be contrary to the purposes and objectives of this act for
such employee to work in a particular employment for a labor
organization, welfare fund or trust within the meaning of subdivision
two of this section, the provisions of subdivision two of this section
shall not apply to the particular employment of such employee with
respect to such conviction or convictions as are specified in the
commission's order. This section is applicable only to those employees
who for wages or salary perform manual, mechanical, or physical work of
a routine or clerical nature at the premises of the labor organization,
welfare fund or trust by which they are employed.

5. No person who has been convicted of a crime or offense specified in
subdivision one of this section shall directly or indirectly serve as an
officer, agent or employee of a labor organization, welfare fund or
trust unless such person has been subsequently pardoned for such crime
or offense by the governor or other appropriate authority of the state
or jurisdiction in which such conviction was had or has received a
certificate of good conduct or other relief from disabilities arising
from the fact of conviction from a board of parole or similar authority
or has received pursuant to subdivision one of this section an order of
exception from the commission. No person, including a labor
organization, welfare fund or trust within the meaning of subdivision
one of this section, shall knowingly permit any other person to assume
or hold any office, agency or employment in violation of this section.

6. The commission may maintain a civil action against any person,
labor organization, welfare fund or trust or officers thereof to compel
compliance with this section, or to prevent any violations, the aiding
and abetting thereof, or any attempt or conspiracy to violate this
section, either by mandamus, injunction or action and upon a proper
showing a temporary restraining order or other appropriate temporary
order shall be granted ex parte and without bond pending final hearing
and determination. Nothing in this section shall be construed to modify,
limit or restrict in any way the provisions of subdivision one of this
section.

* NB Effective June 30, 2024