Section 22-264. Registration of labor union and labor organization; disqualification from office-holding

a.  A  labor  union  or   labor  organization  representing  or  seeking  to represent employees directly
  involved in the movement, handling or sale of goods sold in  any  public
  wholesale  market  in the city of New York shall, within the time period
  prescribed by the commissioner, register with the commissioner and shall
  disclose such information to the commissioner as the commissioner may by
  rule require, including but not limited to the names of all officers and
  agents of such union  or  organization;  provided,  however,  that  this
  section  shall  not apply: (i) to a labor union that represents or seeks
  to represent fewer than two hundred employees in  any  public  wholesale
  market  or  combination  of  public wholesale markets in the city of New
  York; (ii) to  a  labor  union  representing  or  seeking  to  represent
  clerical  or other office workers, construction or electrical workers or
  any other workers  temporarily  or  permanently  employed  in  a  public
  wholesale  market  for  a  purpose not directly related to the movement,
  handling or sale of goods in such market; (iii) to  affiliated  national
  or international labor unions of local labor unions required to register
  pursuant  to  this provision; and provided, further, that no labor union
  or labor organization shall be required to furnish information  pursuant
  to  this  section  which  is  already included in a report filed by such
  labor union or labor organization with the Secretary of  Labor  pursuant
  to  29  U.S.C. § 431 et seq. or § 1001 et seq. if a copy of such report,
  or of the portion thereof containing such information, is  furnished  to
  the commissioner.
    b.  An  officer  of a labor union or labor organization required to be
  registered with the commissioner  pursuant  to  subdivision  a  of  this
  section  shall  inform  the  commissioner,  on  a form prescribed by the
  commissioner, of: (i) all criminal convictions, in any jurisdiction,  of
  such  officer;  (ii) any pending civil or criminal actions to which such
  officer is a party; and (iii) any criminal or civil investigation  by  a
  federal,  state,  or local prosecutorial agency, investigative agency or
  regulatory agency, in  the  five  year  period  preceding  the  date  of
  registration  pursuant  to subdivision a of this section and at any time
  subsequent to such registration, wherein such officer has (A)  been  the
  subject  of such investigation, or (B) received a subpoena requiring the
  production of documents  or  information  in  connection  with  such  an
  investigation.  Any  material change in information reported pursuant to
  this subdivision shall be reported to  the  commissioner  within  thirty
  calendar days thereof. The commissioner may, if he or she has reasonable
  cause  to believe that such an officer lacks good character, honesty and
  integrity, require that  such  officer  be  fingerprinted  by  a  person
  designated  by the commissioner for such purpose or by the department of
  investigation and pay a fee to be submitted to the division of  criminal
  justice  services  and/or  the  federal  bureau of investigation for the
  purpose of obtaining criminal history records.
    c. The commissioner may, after notice and  opportunity  to  be  heard,
  disqualify  an  officer  of  a  labor  union  or labor organization from
  holding office when such person: (i) has failed, by the date  prescribed
  by  the  commissioner,  to  be  fingerprinted  or  to  provide  truthful
  information in connection with the reporting requirements of subdivision
  b of this section; (ii) is  the  subject  of  a  pending  indictment  or
  criminal  action  against  such officer for a crime which bears a direct
  relationship to the lawful and orderly operation of the market, in which
  case the commissioner may defer a determination  until  a  decision  has
  been reached by the court before which such action is pending; (iii) has
  been  convicted  of  a  crime  which,  under  the standards set forth in
  article 23-A of the correction law, bears a direct relationship  to  the

  lawful  and  orderly  operation  of  the  market, including the specific
  duties and responsibilities necessarily related to the union office; the
  bearing, if any the criminal  offense  or  offenses  will  have  on  the
  fitness  of the officer to perform such responsibilities; the time which
  has elapsed since the occurrence of the criminal  offense  or  offenses;
  the seriousness of the offense or offenses; and any information produced
  by the person, or produced on his or her behalf, in regard to his or her
  rehabilitation  or  good  conduct;  (iv)  has  committed  a racketeering
  activity or associated with  a  person  who  has  been  convicted  of  a
  racketeering  activity, including but not limited to the offenses listed
  in  subdivision  one  of  section  nineteen  hundred  sixty-one  of  the
  Racketeer  Influenced and Corrupt Organization statute (18 U.S.C. § 1961
  et seq.) or of an offense listed in subdivision one of section 460.10 of
  the penal law, as such statutes may be amended from time to  time,  when
  the  officer  knew  or  should have known of such conviction; or (v) has
  associated with any member or associate of an organized crime  group  as
  identified  by a federal, state or city law enforcement or investigative
  agency when the officer knew or should have known of the organized crime
  associations of such person. An officer required to disclose information
  pursuant to subdivision a of this section may submit to the commissioner
  any material or explanation which  such  officer  believes  demonstrates
  that such information does not reflect adversely upon the officer's good
  character,   honesty  and  integrity.  If  the  commissioner  determines
  pursuant to this  subdivision  that  there  are  sufficient  grounds  to
  disqualify  a  person  from  holding  office  in  a labor union or labor
  organization, the commissioner shall suspend such  person  from  holding
  office  pending  final  determination  and,  in the event such person is
  disqualified, such suspension  shall  continue  pending  resignation  or
  vacatur of or removal from office. Upon written request of the suspended
  person within ten days of the commissioner's determination, the director
  of the office of collective bargaining shall prepare a list of the names
  of  the  first fifteen arbitrators selected at random from the roster of
  arbitrators approved by the office of collective bargaining and  present
  the  first  five  names  on  such  list  to the suspended person and the
  commissioner. Within alternating  periods  of  five  business  days  the
  suspended person and then the commissioner shall each strike a name from
  the  list  of  selected  arbitrators.  If  the parties cannot within two
  additional business  days  jointly  appoint  an  arbitrator  from  those
  remaining  on  the  list, the suspended person and then the commissioner
  shall within alternating periods of two business  days  each  strike  an
  additional  name from the list. The remaining arbitrator shall thereupon
  be appointed as the arbitrator for that proceeding and shall establish a
  schedule for such proceeding. In the event that such arbitrator declines
  the appointment or for any reason is unable to accept  the  appointment,
  then  the  director  of the office of collective bargaining shall within
  five business days present to the suspended person and the  commissioner
  the  next  five  names on the list of arbitrators previously selected at
  random and the procedures set forth in this subdivision  for  appointing
  an  arbitrator  shall be applied to this second group. In the event that
  the arbitrator appointed from this second group declines the appointment
  or for any reason is unable to accept the appointment then the  director
  of  the office of collective bargaining shall present the remaining five
  names from the list arbitrators selected at  random  and  the  suspended
  person shall select an arbitrator from such group. Such arbitrator shall
  make  a  final  report  and  recommendations  in  writing concerning the
  disqualification.  The  commissioner  shall  accept  such   report   and
  recommendations and issue his or her final determination consistent with
  such  report and recommendations. In the event that the suspended person

  does not make a request for arbitration within the ten-day period he  or
  she  shall  be disqualified from holding office. Upon receiving an order
  of the commissioner pursuant to this subdivision disqualifying a  person
  from  holding office in a labor union or labor organization, such person
  shall resign or vacate such office within  fourteen  days  or,  if  such
  person  fails  to  resign or vacate such office within such time period,
  such union or organization shall remove such person forthwith from  such
  office.  Failure of such a person to resign or vacate office within such
  time period shall subject such person to  the  penalties  set  forth  in
  subdivision a of section 22-258 of this chapter. An officer who has been
  disqualified or suspended by the commissioner pursuant to the provisions
  of this subdivision may be excluded by the commissioner from the market.
  Nothing in this section shall be construed to authorize the commissioner
  to  disqualify  a labor union or labor organization from representing or
  seeking to represent employees of a business required to  be  registered
  pursuant to section 22-253 of this code.
    d. In reaching a determination to fingerprint or disqualify an officer
  of  a  labor union or labor organization pursuant to subdivisions b or c
  of this section, the commissioner shall give substantial weight  to  the
  results  of  any investigation conducted by an independent investigator,
  monitor, trustee or other person or body charged with the  investigation
  or  oversight  of  such  labor  union  or  labor organization, including
  whether such investigation has failed to  return  charges  against  such
  officer.
    e.  Notwithstanding  any  other  provision  of  this  chapter  to  the
  contrary, the provisions of this section shall apply to any labor  union
  or  labor organization representing or seeking to represent employees of
  business required to be licensed or registered pursuant to  chapter  1-A
  of  this  title  in  the  fulton  fish market distribution area or other
  seafood distribution area. The term  "market"  shall,  for  purposes  of
  application  of the provisions of this section to the fulton fish market
  distribution or other seafood distribution area, mean such areas.