§ 34-12-01 — Definitions

North Dakota § 34-12-01

• Jurisdiction: North Dakota
• Title 34: Labor and Employment
• Ch. 34-12: North Dakota Labor-Management Relations Act

Text

In this chapter, unless the context or subject matter otherwise requires:
1. "Commissioner" means the North Dakota labor commissioner, the labor
commissioner's successor, or the labor commissioner's duly authorized deputy.
2. "Employee" includes any employee, and is not limited to the employees of a particular
employer, unless the chapter explicitly states otherwise, and includes any individual
whose work 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, but does not include any individual
employed as an agricultural laborer, or in the domestic service of any family or person
at that family's or person's home, or any individual employed by that individual's parent
or spouse, or any individual having the status of an independent contractor, or any
individual employed as a supervisor or guard, or any individual employed by an
employer subject to the Railway Labor Act [Pub. L. 69-257; 44 Stat. 577; 45 U.S.C.
151 et seq.], as amended from time to time, or by any other person who is not an
employer as herein defined.
3. "Employer" includes any person acting as an agent of an employer, directly or
indirectly, but does not include the United States or any wholly owned government
corporation, or any federal reserve bank, or any state or political subdivision thereof, or
any corporation or association operating a hospital, if no part of the net earnings inures
to the benefit of any private shareholder or individual, or any person subject to the
Railway Labor Act [Pub. L. 69-257; 44 Stat. 577; 45 U.S.C. 151 et seq.], as amended
from time to time, or any labor organization (other than when acting as an employer),
or anyone acting in the capacity of officer or agent of such labor organization, or any
farmer.
4. "Labor organization" means any organization of any kind, or any agency or employee
representation committee 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 of employment, or conditions of work.
5. "Person" includes one or more individuals, labor organizations, partnerships,
associations, corporations, limited liability companies, legal representatives, trustees,
trustees in bankruptcy, or receivers.
6. "Representatives" includes any individual or labor organization.
7. "Unfair labor practice" means any unfair labor practice as provided in section