2012 New York Consolidated Laws
LAB - Labor
Article 20 - (700 - 718) NEW YORK STATE LABOR RELATIONS ACT
701 - Definitions.

 
    § 701. Definitions. 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  public  employment relations board
  created by section two  hundred  five  of  the  civil  service  law,  in
  carrying out its functions under 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.