Section 701. Definitions  


Latest version.
  • When used in this article:
        1.  The  term "person" includes one or more individuals, partnerships,
      associations, corporations, legal representatives, trustees, trustees in
      bankruptcy, or receivers.
        2. The term "employer" includes any person acting on behalf of  or  in
      the interest of an employer, directly or indirectly, with or without his
      knowledge, and shall include any person who is the purchaser of services
      performed by a person described in paragraph (b) of subdivision three of
      this  section,  but a labor organization or any officer or agent thereof
      shall only  be  considered  an  employer  with  respect  to  individuals
      employed by such organization.
        3.  (a)  The  term  "employees"  includes but is not restricted to any
      individual employed  by  a  labor  organization;  any  individual  whose
      employment  has  ceased  as a consequence of, or in connection with, any
      current labor dispute or because of any unfair labor practice,  and  who
      has   not  obtained  any  other  regular  and  substantially  equivalent
      employment; and shall not be limited to the employees  of  a  particular
      employer,  unless the article explicitly states otherwise, but shall not
      include any individual employed by  his  parent  or  spouse  or  in  the
      domestic  service  of  and directly employed, controlled and paid by any
      person in his home, any individual whose primary responsibility  is  the
      care  of  a minor child or children and/or someone who lives in the home
      of a person for the purpose  of  serving  as  a  companion  to  a  sick,
      convalescing  or elderly person or any individuals employed only for the
      duration of a  labor  dispute,  or  any  individuals  employed  as  farm
      laborers   or,   any   individual   who  participates  in  and  receives
      rehabilitative  or  therapeutic  services  in  a  charitable  non-profit
      rehabilitation facility or sheltered workshop or any individual employed
      in a charitable non-profit rehabilitation facility or sheltered workshop
      who  has  received  rehabilitative  or  therapeutic  services  and whose
      capacity to perform the work for which he is  engaged  is  substantially
      impaired by physical or mental deficiency or injury.
        (b)  The term "employee" shall also include a professional musician or
      a person otherwise engaged in the performing arts who performs  services
      as such. "Engaged in the performing arts" shall mean performing services
      in connection with production of or performance in any artistic endeavor
      which requires artistic or technical skill or expertise.
        4.  The  term  "representatives"  includes  a labor organization or an
      individual whether or not employed by the  employer  of  those  whom  he
      represents.
        5.  The  term "labor organization" means any organization which exists
      and is constituted for the purpose, in whole or in part,  of  collective
      bargaining, or of dealing with employers concerning grievances, terms or
      conditions of employment, or of other mutual aid or protection and which
      is not a company union as defined herein.
        6.   The   term   "company   union"   means  any  committee,  employee
      representation plan or association of employees  which  exists  for  the
      purpose,  in  whole  or  in  part,  of dealing with employers concerning
      grievances or terms and conditions of employment, which the employer has
      initiated or created or whose initiation or creation he  has  suggested,
      participated  in  or  in  the  formulation  of  whose governing rules or
      policies or the conducting of whose management, operations or  elections
      the  employer  participates  in  or  supervises  or  which  the employer
      maintains, finances, controls, dominates, or assists in  maintaining  or
      financing,  whether by compensating anyone for services performed in its
      behalf or by donating free services,  equipment,  materials,  office  or
      meeting space or anything else of value, or by any other means.
    
        7.  The  term  "unfair  labor  practice" means only those unfair labor
      practices listed in section seven hundred four.
        8.  The  term  "labor dispute" includes, but is not restricted to, any
      controversy between employers and employees or their representatives  as
      defined  in  this  section  concerning  terms,  tenure  or conditions of
      employment or concerning the association or representation of persons in
      negotiating, fixing, maintaining, changing,  or  seeking  to  negotiate,
      fix, maintain or change terms or conditions of employment, or concerning
      the  violation of any of the rights granted or affirmed by this article,
      regardless of whether the disputants stand in the proximate relation  of
      employer and employee.
        9.  The  term  "board" means the employment relations board created by
      section seven hundred two of this article.
        10. The term "policies of this article" means the policies  set  forth
      in section seven hundred.
        11.  The  term  "non-profitmaking hospital or residential care center"
      means an organized  residential  facility  for  the  medical  diagnosis,
      treatment  and care of illness, disease, injury, infirmity or deformity,
      or a residential facility providing nursing care or care of the aged  or
      dependent  children,  or  a  facility  for  the prevention of cruelty to
      children or animals, which is located anywhere in the state and which is
      maintained and operated by an association or corporation, no part of the
      net earnings of which inures to the benefit of any  private  shareholder
      or individual.
        12.  The  term "employee of a non-profitmaking hospital or residential
      care center" means any person employed or permitted to work by or  at  a
      non-profitmaking  hospital  or  residential  care  center  but shall not
      include any person employed or permitted to work:  (a) in or for such  a
      non-profitmaking  hospital  or  residential  care  center, which work is
      incidental to or in  return  for  charitable  aid  conferred  upon  such
      individual  and  not  under  any  express  contract of hire; or (b) as a
      volunteer.