N.Y. Comp. Codes R. & Regs. tit. 12 § 68.1

Current through Register Vol. 46, No. 25, June 18, 2024

Section 68.1 - Application

(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."

N.Y. Comp. Codes R. & Regs. Tit. 12 § 68.1