Current through Register Vol. 46, No. 12, March 20, 2024
(a) The provisions
of this Part relate to board proceedings pursuant to section
208 of the Labor Law for objections to the
registration of union labels, brands and marks, and to revoke such a
registration if granted improperly or obtained fraudulently.
(b) See Part 65 of this Title for general
rules of procedure and practice not specified in this Part.
(c) Registration proceedings.
(1) Practically every labor organization has
adopted a device in the nature of a label or mark to identify the products of
its members. Section 208 authorizes the registration of such devices by the
Commissioner of Labor.
(2) The
rules and forms governing the registration and filing of such labels, brands
and marks may be obtained from the Commissioner of Labor's office located in
Building 12, State Office Building Campus, Albany, NY 12240, or at 345 Hudson
Street, New York, NY 10014. Notice of the filing of such application shall be
given by the commissioner to interested persons and unions in such manner as
the commissioner shall by rule prescribe.
(3) Within 20 days following such notice by
the commissioner, any union or aggrieved person may submit to the commissioner
a written objection to the registration of the device. If no objection is
submitted, the commissioner may register the device and issue a certificate of
registration.
(4) Objections duly
filed with the commissioner are promptly referred to the board for a
determination on whether the registration should be granted or
denied.
(5) The board may deny
registration of a device on any of the following grounds:
(i) that the union or association of
employees filing the application for registration is not a bona fide
union;
(ii) that the union or
association of employees filing the application for registration is not the
rightful owner thereof;
(iii) that
the union or association of employees filing the application for registration
has made misrepresentations concerning the device; or
(iv) that the device sought to be registered
by the union or association of employees is so similar to a device previously
registered by a union or association of employees that it is calculated to
deceive.
(d)
Revocation proceedings. Section 208, subdivision 4, provides:
"4. On petition of a union or aggrieved person, the
registration of any device may be revoked by the board if it determines that
the registration was granted improperly or was obtained fraudulently."
