Registration of Labor Organizations

NY-ADR

7/13/16 N.Y. St. Reg. SGC-28-16-00010-P
NEW YORK STATE REGISTER
VOLUME XXXVIII, ISSUE 28
July 13, 2016
RULE MAKING ACTIVITIES
NEW YORK STATE GAMING COMMISSION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
 
I.D No. SGC-28-16-00010-P
Registration of Labor Organizations
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Addition of Part 5310 to Title 9 NYCRR.
Statutory authority:
Racing, Pari-Mutuel Wagering and Breeding Law, sections 104(19), 1307(1), 1330(1) and (2)
Subject:
Registration of labor organizations.
Purpose:
To govern the registration of labor organizations.
Text of proposed rule:
PART 5310
Labor Organization Registration
§ 5310.1. Labor organization registration.
(a) A labor organization, union or affiliate seeking to represent employees who are employed in a gaming facility by a gaming facility licensee, shall file biennially with the commission a labor organization registration statement the commission supplies and may amend when necessary.
(b) A labor organization registration statement shall include, without limitation, the following:
(1) names and addresses of labor organizations, unions or affiliates associated with the registrant;
(2) information as to whether the registrant is involved or seeking to be involved actively, directly or substantially in the control or direction of the representation of any employee licensed by the commission and employed by a gaming facility licensee;
(3) information as to whether the registrant holds, directly or indirectly, any financial interest whatsoever in the gaming facility licensee;
(4) names of any pension and welfare systems maintained by the registrant and all officers and agents of such organizations and systems;
(5) names of all officers, agents and principal employees of the registrant; and
(6) such other information the commission may require.
(c) A labor organization, union or affiliate may satisfy the requirements of paragraphs (1) through (6) of subdivision (b) of this section by providing the commission a copy of a report, or relevant portion thereof, filed with the United States Secretary of Labor pursuant to 29 USC 431 et seq. (Labor-Management Reporting and Disclosure Act).
(d) A labor organization, union or affiliate that meets the exemptions set forth in Racing, Pari-Mutuel Wagering and Breeding Law section 1330(1) may, upon petition to the commission, be exempted from the registration requirements set forth in subdivisions (a) and (b) of this section.
§ 5310.2. Labor organization officers, agents and principal employees.
(a) Each officer, agent and principal employee of a labor organization, union or affiliate registered or required to be registered pursuant to this Part shall:
(1) file with the commission a labor organization individual disclosure form the commission supplies and may amend from when necessary; and
(2) be qualified in accordance with criteria set forth in Racing, Pari-Mutuel Wagering and Breeding Law section 1318, unless the commission waives such qualification in accordance with Racing, Pari-Mutual Wagering and Breeding Law section 1330(2).
(b) Notwithstanding subdivision (a) of this section, a labor organization individual disclosure form shall not be filed by an officer, agent or principal employee of a labor organization, union or affiliate who exercises no authority, discretion or influence over the operation of such labor organization with regard to any employment matters relating to licensed gaming facility employees.
§ 5310.3. Authorized representative access.
A gaming facility licensee shall grant authorized representatives of a labor organization, union or affiliate registered pursuant to this Part access to non-sensitive, back-of-house areas within the gaming facility to permit meetings with their members.
Text of proposed rule and any required statements and analyses may be obtained from:
Kristen Buckley, New York State Gaming Commission, One Broadway Center, 6th Floor, Schenectady, NY 12305, (518) 388-3407, email: [email protected]
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. STATUTORY AUTHORITY: Racing, Pari-Mutuel Wagering and Breeding Law (“Racing Law”) section 104(19) grants authority to the Gaming Commission (“Commission”) to promulgate rules and regulations that it deems necessary to carry out its responsibilities. Racing Law section 1307(1) authorizes the Commission to adopt regulations that it deems necessary to protect the public interest in carrying out the provisions of Racing Law Article 13.
Racing Law section 1330(1) mandates the registration of labor organizations, unions, or affiliates seeking to represent employees who are employed by a gaming facility on a biennial basis.
Racing Law section 1330(2) requires the Commission investigate officers, agents, and principal employees of labor organizations for disqualifying criteria.
2. LEGISLATIVE OBJECTIVES: The above referenced statutory provisions carry out the legislature’s stated goal “to tightly and strictly” regulate casinos “to guarantee public confidence and trust in the credibility and integrity of all casino gambling in the state and to prevent organized crime from any involvement in the casino industry” as set forth in Racing Law section 1300(10).
3. NEEDS AND BENEFITS: The proposed rules implement the above listed statutory directives regarding the licensing requirements and procedures for registration of labor organizations. The rules provide specificity with respect to the above listed statutory directives to assure registration, notification and reporting requirements of all labor organizations. In addition, this rule making is necessary to promote public confidence and trust in the credibility and integrity of casino gambling in New York State.
4. COSTS:
(a) Costs to the regulated parties for the implementation of and continuing compliance with these rules. Labor Organizations will be responsible for fees associated with the background investigations necessary for each officer, agent and principal employee.
(b) Costs to the regulating agency, the State, and local governments for the implementation of and continued administration of the rule: These rules will impose costs on the division of state police and the Commission for reviewing and investigating labor organizations. These rules will not impose any additional costs on local governments.
(c) The information, including the source or sources of such information, and methodology upon which the cost analysis is based: The costs associated with registering labor organizations will be based on hourly rates for the division of state police to conduct the necessary background investigations and on the Commission’s administrative cost to process and issue such licenses and registrations. These costs will vary depending on the individuals involved in the organization and thus no estimate of cost is available.
5. LOCAL GOVERNMENT MANDATES: There are no local government mandates associated with these rules.
6. PAPERWORK: These rules impose paperwork burdens on labor organizations to apply for registration with the Commission. Labor organizations will file biennially and amend when necessary.
7. DUPLICATION: These rules do not duplicate, overlap or conflict with any existing State or federal requirements.
8. ALTERNATIVES: The Commission consulted stakeholders and reviewed other gambling jurisdiction best practices and regulation. Alternatives were discussed and considered with stakeholders and compared to other jurisdictions regulations. The Commission received no comments from stakeholders.
9. FEDERAL STANDARDS: There are no federal standards applicable to the licensing of gaming facilities in New York; it is purely a matter of New York State law.
10. COMPLIANCE SCHEDULE: The Commission anticipates that the affected parties will be able to achieve compliance with these rules upon adoption.
Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
These rules establish the standards for the registration requirements for labor organizations and will not have any adverse impact on small businesses, local governments, jobs or rural areas.
These rules do not impact local governments or small businesses as it is not expected that any local government or small business will be required to register as a labor organization.
These rules impose no adverse impact on rural areas. These rules apply uniformly throughout the state.
These rules will have no adverse impact on job opportunities.
These rules will not adversely impact small businesses, local governments, jobs, or rural areas. Accordingly, a full Regulatory Flexibility Analysis, Rural Area Flexibility Analysis, and Job Impact Statement are not required and have not been prepared.
End of Document