Section 728. Enforcement of financial reporting and accounting duties  


Latest version.
  • 1.
      Any officer, agent, or employee of any labor  organization  or  employer
      organization, or any employer or labor relations consultant who wilfully
      fails  or refuses to comply with any provision of sections seven hundred
      twenty-six or seven hundred twenty-seven of this article shall be guilty
      of a misdemeanor, punishable by imprisonment for not more than one year,
      or by a fine of not more than one thousand dollars, or by both.
        2. Any officer, agent, or employee of a labor organization or employer
      organization,  or  any  employer  or  labor  relations  consultant   who
      knowingly  causes  any  person  to  fail  or  refuse  to comply with any
      provision  of  sections  seven  hundred  twenty-six  or  seven   hundred
      twenty-seven   of  this  article  shall  be  guilty  of  a  misdemeanor,
      punishable by imprisonment for not more than one year, or by a  fine  of
      not more than one thousand dollars, or by both.
        3.  Any  prosecution  brought  under  subdivisions one and two of this
      section shall, in the case  of  a  labor  organization  or  an  employer
      organization,  be  conducted in the county where such organization has a
      place of business and, in the case of an  employer  or  labor  relations
      consultant,  in  the  county where such person resides or has a place of
      business; provided, however, that if such organization does not  have  a
      place  of  business  within  the  state  of  New York or such person has
      neither a  residence  nor  place  of  business  within  the  state,  the
      prosecution shall be conducted in the county of Albany.
        4.  If  any  officer,  agent,  or  employee of a labor organization or
      employer organization, or any employer  or  labor  relations  consultant
      fails  or refuses to comply with any provision of sections seven hundred
      twenty-six or seven hundred twenty-seven of this article, or causes  any
      person  to  fail  or  refuse  to  comply  with  the  provisions of these
      sections, the industrial  commissioner  may  issue  an  order  directing
      compliance.  If  the  order  is  not complied with within ten days after
      issuance, there may be instituted in the name of the people of the state
      a proceeding to compel compliance with these sections.