NY Lab L § 701 (2021)
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.