Section 720. Findings and policy  


Latest version.
  • The rights of employees to organize and to
      bargain  collectively  through labor organizations of their own choosing
      have been affirmatively protected by the constitution  and  statutes  of
      this  state  and  by  parallel federal laws. Encouraged by these laws, a
      substantial proportion of  the  employees  in  this  state  have  become
      members  of,  and contribute financially to, labor organizations for the
      purpose of bargaining collectively with their employers concerning wages
      and other conditions of employment. To the officers and agents of  their
      labor  organizations, these employees have entrusted their funds and the
      power to act in their behalf in achieving the purposes  of  their  labor
      organizations.
        Experience has shown instances where officers and agents of some labor
      organizations have abused their positions of fiduciary responsibility.
        Experience  has also shown instances in which some employers, employer
      organizations and labor relations consultants have  participated  in  or
      induced  such  abuses of fiduciary responsibility by officers and agents
      of such labor organizations.
        Responsible leaders of the labor movement have recognized  that  union
      officers  and  agents  have a fiduciary duty to serve the members of the
      union honestly and faithfully, and these leaders have  taken  courageous
      action against those who have violated their trust. Experience, however,
      has  shown that labor's efforts to correct abuses from within need to be
      aided and supplemented by legislation.
        Such abuses have had a harmful effect on the general  welfare,  health
      and  safety  of  employees  and  the  public.  Accordingly, it is hereby
      declared to be the public policy of the state of New York that  officers
      and  agents  of  a  labor  organization  shall  be  held  to a fiduciary
      obligation in  handling  the  labor  organization's  assets;  that  such
      officers   and  agents  shall  not  acquire  financial  interests  which
      interfere or tend to interfere with the faithful  performance  of  their
      responsibility  to  the  labor  organization; and that such officers and
      agents shall account fully to the members of such labor organization for
      all assets and financial transactions. It is hereby further declared  to
      be  the  public policy of the state of New York that employers, employer
      organizations, labor relations consultants and other persons  shall  not
      participate  in  or  induce  violations  of such fiduciary obligation by
      officers and agents of labor organizations.