2021 New York Laws
LAB - Labor
Article 20 - 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. (a) 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.
  (b) The term "employer"  includes  agricultural  employers.  The  term
"agricultural  employer"  shall mean any employer engaged in cultivating
the soil or in raising or harvesting any agricultural  or  horticultural
commodity  including  custom harvesting operators, and employers engaged
in the business of crops, livestock and livestock products as defined in
section three hundred one of the agriculture and markets law,  or  other
similar agricultural enterprises.
  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 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.
  (c) The term  "employee"  shall  also  include  farm  laborers.  "Farm
laborers"  shall mean any individual engaged or permitted by an employer
to work on a farm.  Members  of  an  agricultural  employer's  immediate
family  who are related to the third degree of consanguinity or affinity
shall not be considered to be employed on a farm if they work on a  farm
out   of   familial  obligations  and  are  not  paid  wages,  or  other
compensation based on their hours or days of work.
  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.