2006 New York Code - Definitions.

 
    §  12-303  Definitions.  As  used  in this chapter, unless the context
  clearly indicates otherwise, and subject to the limitations  of  section
  12-304:
    a.  The  term "director" shall mean the director of the office created
  by section eleven hundred seventy of the charter.
    b. The term "board of collective  bargaining"  shall  mean  the  board
  created by section eleven hundred seventy-one of the charter.
    c.  The  term "board of certification" shall mean the board created by
  section eleven hundred seventy-two of the charter.
    d.  The  term  "municipal  agency"  shall  mean   an   administration,
  department,  division,  bureau,  office,  board, or commission, or other
  agency of the city established under the charter or any other  law,  the
  head  of  which  has  appointive powers, and whose employees are paid in
  whole or in part  from  the  city  treasury,  other  than  the  agencies
  specified in paragraph two of subdivision g of this section.
    e.  The  term  "municipal  employees"  shall  mean persons employed by
  municipal agencies whose salary is paid in whole or  in  part  from  the
  city treasury.
    f.  The  term  "mayoral  agency" shall mean any municipal agency whose
  head is appointed by the mayor.
    g. The term "public employer" shall mean (1) any municipal agency; (2)
  the  board  of  education,  the  New  York  city  health  and  hospitals
  corporation,  the  New  York city off-track betting corporation, the New
  York city board of  elections  and  the  public  administrator  and  the
  district  attorney  of  any  county within the city of New York; (3) any
  public authority other than a  state  public  authority  as  defined  in
  subdivision  eight  of section two hundred one of the civil service law,
  whose activities are conducted in whole or in  substantial  part  within
  the  city;  and  (4)  any  public  benefit  corporation,  or any museum,
  library, zoological garden or similar cultural institution, which  is  a
  public  employer or government within the meaning of article fourteen of
  the civil service law, employing personnel whose salary is paid in whole
  or in part from the city treasury.
    h. The term "public employees"  shall  mean  municipal  employees  and
  employees of other public employers.
    i.   The   term  "municipal  employee  organization"  shall  mean  any
  organization or association of municipal employees, a primary purpose of
  which  is  to  represent  them  concerning  wages,  hours,  and  working
  conditions.
    j.  The  term  "public employee organization" shall mean any municipal
  employee organization and  any  other  organization  or  association  of
  public  employees,  a  primary  purpose  of which is to represent public
  employees concerning wages, hours, and working conditions.
    k. The term "municipal labor  committee"  shall  mean  an  association
  known  by  that  name  created  pursuant  to  a  memorandum  dated March
  thirty-first,  nineteen  hundred  sixty-six,  as  amended,   signed   by
  representatives of the city and certain employee organizations.
    l.  The  term  "certified employee organization" shall mean any public
  employee organization: (1) certified by the board  of  certification  as
  the  exclusive bargaining representative of a bargaining unit determined
  to be appropriate for such purpose; (2)  recognized  as  such  exclusive
  bargaining  representative  by  a public employer in conformity with the
  rules set forth in the office of collective bargaining rules of practice
  and procedure; or (3) recognized by a municipal agency, or certified  by
  the  department  of  labor,  as such exclusive bargaining representative
  prior to the effective date of this chapter, unless such recognition has
  been or is revoked or such certificate has been or is terminated.


    m. The term "matters within the scope of collective bargaining"  shall
  mean matters specified in section 12-307 of this chapter.
    n.  The  term  "executive  order" shall mean, in the case of a mayoral
  agency, an executive order, memorandum or directive of the mayor and  in
  the  case  of  any  other municipal agency or public employer, a written
  order, directive or resolution of such agency or employer  or  the  head
  thereof,  which  provides  for the application of the provisions of this
  chapter or otherwise implements the provisions of this chapter.
    o. The term "grievance" shall  mean:  (1)  A  dispute  concerning  the
  application  or  interpretation  of  the  terms  of a written collective
  bargaining  agreement  or  a  personnel  order  of  the  mayor,   or   a
  determination  under  section  two  hundred  twenty  of  the  labor  law
  affecting terms and conditions of employment; (2) A  claimed  violation,
  misinterpretation,  or  misapplication  of the rules or regulations of a
  municipal agency or  other  public  employer  affecting  the  terms  and
  conditions  of  employment;  (3)  A  claimed  assignment of employees to
  duties  substantially  different  from  those  stated   in   their   job
  classifications;   or   (4)   A   claimed   improper   holding   of   an
  open-competitive rather than a promotional examination.  Notwithstanding
  the  provisions  of this subdivision, the term grievance shall include a
  dispute defined as a grievance by executive order of  the  mayor,  by  a
  collective bargaining agreement, or as may be otherwise expressly agreed
  to  in  writing  by  a  public  employee organization and the applicable
  public employer.
    p. The terms "labor member," "city  member,"  and  "impartial  member"
  shall  refer  to  those  members  of  the board of collective bargaining
  described in section eleven hundred seventy-one of the charter.
    q. The terms  "designated  representative"  and  "designated  employee
  organization"  shall  mean a certified employee organization, council or
  group of certified employee organizations designated  for  the  purposes
  specified  in  paragraph  two, three or five of subdivision a of section
  12-307.