
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
