§ 701 — Definitions

§ 701. Definitions. When used in this article:\n 1. The term "person" includes one or more individuals, partnerships,\nassociations, corporations, legal representatives, trustees, trustees in\nbankruptcy, or receivers.\n 2. (a) The term "employer" includes any person acting on behalf of or\nin the interest of an employer, directly or indirectly, with or without\nhis knowledge, and shall include any person who is the purchaser of\nservices performed by a person described in paragraph (b) of subdivision\nthree of this section, but a labor organization or any officer or agent\nthereof shall only be considered an employer with respect to individuals\nemployed by such organization.\n (b) The term "employer" includes agricultural employers. The term\n"agricultural employer" shall mean any employer engaged in cultivating\nthe soil or in raising or harvesting any agricultural or horticultural\ncommodity including custom harvesting operators, and employers engaged\nin the business of crops, livestock and livestock products as defined in\nsection three hundred one of the agriculture and markets law, or other\nsimilar agricultural enterprises.\n 3. (a) The term "employees" includes but is not restricted to any\nindividual employed by a labor organization; any individual whose\nemployment has ceased as a consequence of, or in connection with, any\ncurrent labor dispute or because of any unfair labor practice, and who\nhas not obtained any other regular and substantially equivalent\nemployment; and shall not be limited to the employees of a particular\nemployer, unless the article explicitly states otherwise, but shall not\ninclude any individual employed by his parent or spouse or in the\ndomestic service of and directly employed, controlled and paid by any\nperson in his home, any individual whose primary responsibility is the\ncare of a minor child or children and/or someone who lives in the home\nof a person for the purpose of serving as a companion to a sick,\nconvalescing or elderly person or any individuals employed only for the\nduration of a labor dispute, or any individual who participates in and\nreceives rehabilitative or therapeutic services in a charitable\nnon-profit rehabilitation facility or sheltered workshop or any\nindividual employed in a charitable non-profit rehabilitation facility\nor sheltered workshop who has received rehabilitative or therapeutic\nservices and whose capacity to perform the work for which he is engaged\nis substantially impaired by physical or mental deficiency or injury.\n (b) The term "employee" shall also include a professional musician or\na person otherwise engaged in the performing arts who performs services\nas such. "Engaged in the performing arts" shall mean performing services\nin connection with production of or performance in any artistic endeavor\nwhich requires artistic or technical skill or expertise.\n (c) The term "employee" shall also include farm laborers. "Farm\nlaborers" shall mean any individual engaged or permitted by an employer\nto work on a farm. Members of an agricultural employer's immediate\nfamily who are related to the third degree of consanguinity or affinity\nshall not be considered to be employed on a farm if they work on a farm\nout of familial obligations and are not paid wages, or other\ncompensation based on their hours or days of work.\n 4. The term "representatives" includes a labor organization or an\nindividual whether or not employed by the employer of those whom he\nrepresents.\n 5. The term "labor organization" means any organization which exists\nand is constituted for the purpose, in whole or in part, of collective\nbargaining, or of dealing with employers concerning grievances, terms or\nconditions of employment, or of other mutual aid or protection and which\nis not a company union as defined herein.\n 6. The term "company union" means any committee, employee\nrepresentation plan or association of employees which exists for the\npurpose, in whole or in part, of dealing with employers concerning\ngrievances or terms and conditions of employment, which the employer has\ninitiated or created or whose initiation or creation he has suggested,\nparticipated in or in the formulation of whose governing rules or\npolicies or the conducting of whose management, operations or elections\nthe employer participates in or supervises or which the employer\nmaintains, finances, controls, dominates, or assists in maintaining or\nfinancing, whether by compensating anyone for services performed in its\nbehalf or by donating free services, equipment, materials, office or\nmeeting space or anything else of value, or by any other means.\n 7. The term "unfair labor practice" means only those unfair labor\npractices listed in section seven hundred four.\n 8. The term "labor dispute" includes, but is not restricted to, any\ncontroversy between employers and employees or their representatives as\ndefined in this section concerning terms, tenure or conditions of\nemployment or concerning the association or representation of persons in\nnegotiating, fixing, maintaining, changing, or seeking to negotiate,\nfix, maintain or change terms or conditions of employment, or concerning\nthe violation of any of the rights granted or affirmed by this article,\nregardless of whether the disputants stand in the proximate relation of\nemployer and employee.\n 9. The term "board" means the public employment relations board\ncreated by section two hundred five of the civil service law, in\ncarrying out its functions under this article.\n 10. The term "policies of this article" means the policies set forth\nin section seven hundred.\n 11. The term "non-profitmaking hospital or residential care center"\nmeans an organized residential facility for the medical diagnosis,\ntreatment and care of illness, disease, injury, infirmity or deformity,\nor a residential facility providing nursing care or care of the aged or\ndependent children, or a facility for the prevention of cruelty to\nchildren or animals, which is located anywhere in the state and which is\nmaintained and operated by an association or corporation, no part of the\nnet earnings of which inures to the benefit of any private shareholder\nor individual.\n 12. The term "employee of a non-profitmaking hospital or residential\ncare center" means any person employed or permitted to work by or at a\nnon-profitmaking hospital or residential care center but shall not\ninclude any person employed or permitted to work: (a) in or for such a\nnon-profitmaking hospital or residential care center, which work is\nincidental to or in return for charitable aid conferred upon such\nindividual and not under any express contract of hire; or (b) as a\nvolunteer.\n