N.Y. Labor Law 704-A – Unfair practices; performing arts
§ 704-a. Unfair practices; performing arts. It shall not be an unfair labor practice for an employer engaged in the performing arts to make an agreement with a labor organization, of which performing artists are members, covering employees engaged in the performing arts, or who, upon their employment, will be so engaged, because the majority status of such labor organization has not been established under the provisions of this article or because such agreement requires, as a condition of employment, membership in such labor organization after the seventh day following the beginning of such employment or the effective date of such agreement, whichever is later. Nothing in this section shall be construed as to bar any proceeding brought pursuant to section seven hundred five of this article.
Terms Used In N.Y. Labor Law 704-A
- 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. See N.Y. Labor Law 701
- 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. See N.Y. Labor Law 701
- 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. See N.Y. Labor Law 701
- 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. See N.Y. Labor Law 701
- unfair labor practice: means only those unfair labor practices listed in section seven hundred four. See N.Y. Labor Law 701