§ 402. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC402]
TITLE 29--LABOR
CHAPTER 11--LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 402. Definitions
For the purposes of this chapter--
(a) ``Commerce'' means trade, traffic, commerce, transportation,
transmission, or communication among the several States or between any
State and any place outside thereof.
(b) ``State'' includes any State of the United States, the District
of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake
Island, the Canal Zone, and Outer Continental Shelf lands defined in the
Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.].
(c) ``Industry affecting commerce'' means any activity, business, or
industry in commerce or in which a labor dispute would hinder or
obstruct commerce or the free flow of commerce and includes any activity
or industry ``affecting commerce'' within the meaning of the Labor
Management Relations Act, 1947, as amended [29 U.S.C. 141 et seq.], or
the Railway Labor Act, as amended [45 U.S.C. 151 et seq.].
(d) ``Person'' includes one or more individuals, labor
organizations, partnerships, associations, corporations, legal
representatives, mutual companies, joint-stock companies, trusts,
unincorporated organizations, trustees, trustees in cases under title
11, or receivers.
(e) ``Employer'' means any employer or any group or association of
employers engaged in an industry affecting commerce (1) which is, with
respect to employees engaged in an industry affecting commerce, an
employer within the meaning of any law of the United States relating to
the employment of any employees or (2) which may deal with any labor
organization concerning grievances, labor disputes, wages, rates of pay,
hours of employment, or conditions of work, and includes any person
acting directly or indirectly as an employer or as an agent of an
employer in relation to an employee but does not include the United
States or any corporation wholly owned by the Government of the United
States or any State or political subdivision thereof.
(f) ``Employee'' means any individual employed by an employer, 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 or because of exclusion or expulsion from a labor
organization in any manner or for any reason inconsistent with the
requirements of this chapter.
(g) ``Labor dispute'' includes any controversy concerning terms,
tenure, or conditions of employment, or concerning the association or
representation of persons in negotiating, fixing, maintaining, changing,
or seeking to arrange terms or conditions of employment, regardless of
whether the disputants stand in the proximate relation of employer and
employee.
(h) ``Trusteeship'' means any receivership, trusteeship, or other
method of supervision or control whereby a labor organization suspends
the autonomy otherwise available to a subordinate body under its
constitution or bylaws.
(i) ``Labor organization'' means a labor organization engaged in an
industry affecting commerce and includes any organization of any kind,
any agency, or employee representation committee, group, association, or
plan so engaged 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, or other terms
or conditions of employment, and any conference, general committee,
joint or system board, or joint council so engaged which is subordinate
to a national or international labor organization, other than a State or
local central body.
(j) A labor organization shall be deemed to be engaged in an
industry affecting commerce if it--
(1) is the certified representative of employees under the
provisions of the National Labor Relations Act, as amended [29
U.S.C. 151 et seq.], or the Railway Labor Act, as amended [45 U.S.C.
151 et seq.]; or
(2) although not certified, is a national or international labor
organization or a local labor organization recognized or acting as
the representative of employees of an employer or employers engaged
in an industry affecting commerce; or
(3) has chartered a local labor organization or subsidiary body
which is representing or actively seeking to represent employees of
employers within the meaning of paragraph (1) or (2); or
(4) has been chartered by a labor organization representing or
actively seeking to represent employees within the meaning of
paragraph (1) or (2) as the local or subordinate body through which
such employees may enjoy membership or become affiliated with such
labor organization; or
(5) is a conference, general committee, joint or system board,
or joint council, subordinate to a national or international labor
organization, which includes a labor organization engaged in an
industry affecting commerce within the meaning of any of the
preceding paragraphs of this subsection, other than a State or local
central body.
(k) ``Secret ballot'' means the expression by ballot, voting
machine, or otherwise, but in no event by proxy, of a choice with
respect to any election or vote taken upon any matter, which is cast in
such a manner that the person expressing such choice cannot be
identified with the choice expressed.
(l) ``Trust in which a labor organization is interested'' means a
trust or other fund or organization (1) which was created or established
by a labor organization, or one or more of the trustees or one or more
members of the governing body of which is selected or appointed by a
labor organization, and (2) a primary purpose of which is to provide
benefits for the members of such labor organization or their
beneficiaries.
(m) ``Labor relations consultant'' means any person who, for
compensation, advises or represents an employer, employer organization,
or labor organization concerning employee organizing, concerted
activities, or collective bargaining activities.
(n) ``Officer'' means any constitutional officer, any person
authorized to perform the functions of president, vice president,
secretary, treasurer, or other executive functions of a labor
organization, and any member of its executive board or similar governing
body.
(o) ``Member'' or ``member in good standing'', when used in
reference to a labor organization, includes any person who has fulfilled
the requirements for membership in such organization, and who neither
has voluntarily withdrawn from membership nor has been expelled or
suspended from membership after appropriate proceedings consistent with
lawful provisions of the constitution and bylaws of such organization.
(p) ``Secretary'' means the Secretary of Labor.
(q) ``Officer, agent, shop steward, or other representative'', when
used with respect to a labor organization, includes elected officials
and key administrative personnel, whether elected or appointed (such as
business agents, heads of departments or major units, and organizers who
exercise substantial independent authority), but does not include
salaried nonsupervisory professional staff, stenographic, and service
personnel.
(r) ``District court of the United States'' means a United States
district court and a United States court of any place subject to the
jurisdiction of the United States.
(Pub. L. 86-257, Sec. 3, Sept. 14, 1959, 73 Stat. 520; Pub. L. 95-598,
title III, Sec. 320, Nov. 6, 1978, 92 Stat. 2678.)
References in Text
This chapter, referred to in the opening phrase, was in the original
``titles I, II, III, IV, V (except section 505), and VI of this Act'',
which reference includes those sections of the Act which are classified
principally to this chapter. For complete classification of such titles
to the Code, see Tables.
For definition of Canal Zone, referred to in subsec. (b), see
section 3602(b) of Title 22, Foreign Relations and Intercourse.
The Outer Continental Shelf Lands Act, referred to in subsec. (b),
is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which is
classified generally to subchapter III (Sec. 1331 et seq.) of chapter 29
of Title 43, Public Lands. For complete classification of this Act to
the Code, see Short Title note set out under section 1331 of Title 43
and Tables.
The Labor Management Relations Act, 1947, referred to in subsec.
(c), is act June 23, 1947, ch. 120, 61 Stat. 136, as amended, which is
classified principally to chapter 7 (Sec. 141 et seq.) of this title.
For complete classification of this Act to the Code, see section 141 of
this title and Tables.
This chapter, referred to in subsec. (f), was in the original ``this
Act'', meaning Pub. L. 86-257, Sept. 14, 1959, 73 Stat. 519, as amended,
known as the Labor-Management Reporting and Disclosure Act of 1959,
which enacted this chapter, amended sections 153, 158, 159, 160, 164,
186, and 187 of this title, and enacted provisions set out as notes
under sections 153, 158, and 481 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 401 of this title and Tables.
The Railway Labor Act, referred to in subsecs. (c) and (j)(1), is
act May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is classified
principally to chapter 8 (Sec. 151 et seq.) of Title 45, Railroads. For
complete classification of this Act to the Code, see section 151 of
Title 45 and Tables.
The National Labor Relations Act, referred to in subsec. (j)(1), is
act July 5, 1935, ch. 372, 49 Stat. 452, as amended, which is classified
generally to subchapter II (Sec. 151 et seq.) of chapter 7 of this
title. For complete classification of this Act to the Code, see section
167 of this title and Tables.
Amendments
1978--Subsec. (d). Pub. L. 95-598 substituted ``cases under title
11'' for ``bankruptcy''.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
402(a) of Pub. L. 95-598, set out as an Effective Date note preceding
section 101 of Title 11, Bankruptcy.
Section Referred to in Other Sections
This section is referred to in title 39 section 1209.
