34-20-2 - Definitions.
34-20-2. Definitions.
As used in this chapter:
(1) "Affecting commerce" means in commerce, or burdening or obstructing commerce orthe free flow of commerce, or having led or tending to lead to a labor dispute burdening orobstructing commerce or the free flow of commerce within the state.
(2) "Commerce" means trade, traffic, commerce, transportation, or communication withinthe state.
(3) "Election" means a proceeding in which the employees in a collective bargaining unitcast a secret ballot for collective bargaining representatives or for any other purpose specified inthis chapter and includes elections conducted by the board or by any tribunal having competentjurisdiction or whose jurisdiction was accepted by the parties.
(4) (a) "Employee" includes any employee unless this chapter explicitly states otherwise,and includes an 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 anyother regular and substantially equivalent employment.
(b) "Employee" does not include an individual employed as an agricultural laborer, or inthe domestic service of a family or person at his home, or an individual employed by his parent orspouse.
(5) "Employer" includes a person acting in the interest of an employer, directly orindirectly, but does not include:
(a) the United States;
(b) a state or political subdivision of a state;
(c) a person subject to the federal Railway Labor Act;
(d) a labor organization, other than when acting as an employer;
(e) a corporation or association operating a hospital if no part of the net earnings inures tothe benefit of any private shareholder or individual; or
(f) anyone acting in the capacity of officer or agent of a labor organization.
(6) "Labor dispute" means any controversy between an employer and the majority of hisemployees in a collective bargaining unit concerning the right or process or details of collectivebargaining or the designation of representatives.
(7) "Labor organization" means an organization of any kind or any agency or employeerepresentation committee or plan in which employees participate that exists for the purpose, inwhole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates ofpay, hours of employment, or conditions of work.
(8) "Labor relations board" or "board" means the board created in Section 34-20-3.
(9) "Person" includes an individual, partnership, association, corporation, legalrepresentative, trustee, trustee in bankruptcy, or receiver.
(10) "Representative" includes an individual or labor organization.
(11) "Secondary boycott" includes combining or conspiring to cause or threaten to causeinjury to one with whom no labor dispute exists, whether by:
(a) withholding patronage, labor, or other beneficial business intercourse;
(b) picketing;
(c) refusing to handle, install, use, or work on particular materials, equipment, orsupplies; or
(d) by any other unlawful means, in order to bring him against his will into a concerted
plan to coerce or inflict damage upon another.
(12) "Unfair labor practice" means any unfair labor practice listed in Section 34-20-8.
Amended by Chapter 375, 1997 General Session