N.Y. Labor Law 704-B – Unfair labor practices
§ 704-b. Unfair labor practices. 1. It shall be an unfair labor practice for a farm laborer or an employee organization representing farm laborers to strike any agricultural employer. The term "strike" shall mean, for the purposes of this section, any strike or other concerted stoppage of work or slowdown by farm laborers.
Terms Used In N.Y. Labor Law 704-B
- 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 § 301 of the agriculture and markets law, or other similar agricultural enterprises. 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
- Farm laborers: shall mean any individual engaged or permitted by an employer to work on a farm. 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
2. It shall be an unfair labor practice for an agricultural employer to:
a. lockout its laborers. The term "lockout" shall mean, for the purposes of this section, a refusal by an agricultural employer to permit farm laborers to work as a result of a dispute with such farm laborers or employee organization representing such farm laborers that affects wages, hours and other terms and conditions of employment of such farm laborers, provided, however, that a lockout shall not include a termination of employment for good cause that does not involve such laborers exercising any rights guaranteed by this article;
b. refuse to continue all the terms of an expired agreement until a new agreement is negotiated;
c. discourage union organization or to discourage an employee from participating in a union organizing drive, engaging in protected concerted activity, or otherwise exercising the rights guaranteed under this article.
3. Nothing in this section shall be construed as to bar any proceeding brought pursuant to section seven hundred four or seven hundred five of this article.