New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69A - APPLICATIONS › Subchapter 12 - LABOR ORGANIZATIONS REGISTRATION › Section 13:69A-12.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise.
"Affiliates" means labor organizations chartered by the same
				  parent body, or governed by the same constitution and bylaws, or labor
				  organizations having the relation of parent and subordinate.
"Certified bargaining representative" means a labor
				  organization which has been certified as the representative of employees under
				  the National Labor Relations Act, as amended.
"Fiduciary to pension or welfare system" means a person is a
				  fiduciary with respect to a pension or welfare system to the extent he or
				  she:
1. Exercises any discretionary authority or discretionary
				  control respecting management of such plan or exercises any authority or
				  control respecting management or disposition of its assets;
2. Renders investment advice for a fee or other compensation,
				  direct or indirect, with respect to any moneys or other property of such plan,
				  or has any authority or responsibility to do so; or
3. Has any discretionary authority or discretionary
				  responsibility in the administration of such plan.
"Labor organization" means any organization of any kind, any
				  union, any agency, or employee representation committee, group, association, or
				  plan in which employees participate and which exists for the purpose, in whole
				  or in part, of dealing with employers concerning grievances, labor disputes,
				  wages, rates of pay, hours, or other terms or conditions of employment, and any
				  conference, general committee, joint or systems board, or joint council which
				  is subordinate to a national or international labor organization.
"Labor organization agent" or "agent" means any person,
				  whether compensated or not, who is authorized or allowed to represent a labor
				  organization in any employment matter relating to employees who are employed in
				  a casino hotel, casino or casino simulcasting facility by a casino licensee, or
				  who undertakes on behalf of the labor organization to promote, facilitate or
				  otherwise influence the relations between the labor organization and the casino
				  licensee.
"Labor organization officer" or "officer" means any
				  constitutional officer, any person authorized to perform the functions of
				  president, vice president, secretary/treasurer or other executive functions of
				  a labor organization, and any member of its executive board or similar
				  governing body.
"Labor organization principal employee" or "principal
				  employee" means any employee of a labor organization who, by reason of
				  remuneration or of a management, supervisory or policy making position
				  exercises any authority, discretion or influence with regard to any matter
				  relating to employees who are employed in a casino hotel, casino or casino
				  simulcasting facility by a casino licensee.
"Officers and agents of pension or welfare systems" means all
				  elected officials and key administrative personnel, whether elected or
				  appointed, including administrators, trustees, and all other fiduciaries to the
				  system.
"Pension or welfare system maintained by a labor
				  organization" means any pension or welfare system created or established by a
				  labor organization or one or more of the trustees or one or more members of the
				  governing body of which is selected or appointed by the labor
				  organization.
"Pension system" means any plan, fund or program which is
				  maintained by a labor organization, or by a labor organization and an employer,
				  to the extent that by its express terms or as a result of surrounding
				  circumstances such plan, fund or program provides retirement income to
				  employees or results in a deferral of income by employees for periods extending
				  to the termination of covered employment or beyond, regardless of the method of
				  calculating the contributions made to the plan, the method of calculating the
				  benefits under the plan or the method of distributing benefits from the
				  plan.
"Welfare system" means any plan, fund or program which is
				  maintained by a labor organization or by a labor organization and an employer,
				  to the extent that such plan, fund or program was established or is maintained
				  for the purposes of providing for its participants, or their beneficiaries,
				  through the purchase of insurance or otherwise, medical, surgical, or hospital
				  care or benefits, or benefits in the event of sickness, accident disability,
				  death or unemployment, or vacation benefits, apprenticeship or other training
				  programs, or day care centers, scholarship funds, or prepaid legal services, or
				  any other such benefit other than pension on retirement or death, and insurance
				  to provide such pensions.