U.S. Code » Title 29 » Chapter CHAPTER 11— LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE › Subchapter SUBCHAPTER I— GENERAL PROVISIONS

29 U.S.C. § 402

Definitions

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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, § 3, Sept. 14, 1959, 73 Stat. 520; Pub. L. 95–598, title III, § 320, Nov. 6, 1978, 92 Stat. 2678.)Editorial NotesReferences 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, which is classified generally to subchapter III (§ 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 1301 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, which is classified principally to chapter 7 (§ 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, 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, which is classified principally to chapter 8 (§ 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, which is classified generally to subchapter II (§ 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”.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 369 cases (24 in the last 5 years), 1960–2026 · leading case: Garcia v. San Antonio Metropolitan Transit Authority
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Garcia v. San Antonio Metropolitan Transit Authority (1985) scotus · cites it 4× “§ 152 (2); 29 U. S. C. § 402 (e); 29 U. S. C. § 652 (5); 29 U.”
Hester v. International Union of Operating Engineers (1987) ca11 · cites it 8× “” As to Hester’s first and third causes of action, the court reasoned that because Hester's employer, an entity of the federal government, “is not subject to the [LMRDA],” 29 U.S.C. § 402 (e) (1982), the protections afforded by that Act do not apply to Hester’s relationship with…”
American Federation of Labor & Congress of Industrial Organizations v. Chao (2005) cadc · cites it 6× “” 29 U.S.C. § 402©. The final rule defines a “significant trust” as one having annual receipts of $250,000 or more during its most recent fiscal year, and for which the union’s financial contribution to the trust, or the contribution made on behalf of the union or as a result of…”
AL Educ Assn v. Chao, Elaine L. (2006) cadc · cites it 6× “After holding fast to one reading of § 3(j)(5) of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), 29 U.S.C. § 402 (j)(5), for more than 40 years, the Department reconsidered and adopted an alternative interpretation under which wholly public sector labor…”
United States v. Morales-Rodríguez (2006) ca1 · cites it 4× “” 29 U.S.C. § 402 (i) (emphasis added). Morales appeals his conviction as to Counts Eleven and Twelve on the ground that FUPO is not a labor organization under the LMRDA because it is not “engaged in an industry affecting commerce.”
Adams v. American Federation of State (2016) mdd · cites it 4× “29 U.S.C. § 402 (i) (emphasis added). The term “employer” is defined to exclude “any State or political subdivision thereof,” as well as the federal government and federal entities.”
Chicago Teachers Union, Local No. 1 v. Hudson (1986) scotus · cites it 2× “[17] Although public sector unions are not subject to the disclosure requirements of the Labor-Management Reporting and Disclosure Act, see 29 U. S. C. § 402 (e), the fact that private sector unions have a duty of disclosure suggests that a limited notice requirement does not…”
Elaine Chao, Secretary of Labor, United States Department of Labor v. Bremerton Metal Trades Council, Afl-Cio (2002) ca9 · cites it 4× “29 U.S.C. § 402 (i) (emphasis added). To determine whether a labor union is engaged in an industry affecting commerce under the statute, the statute directs us to consider whether the union represents employees who work for employers that are engaged in such an industry.”
Basilicato v. International Alliance of Theatrical Stage Employees (1979) ctd · cites it 6× “Since the court, following a three-day hearing, finds no probability of success on the merits or sufficiently serious questions going to the merits because plaintiffs are no longer “members” of IATSE within the definition of 29 U.S.C. § 402 (o), 2 the motion is denied.”
Laity v. Beatty (1991) nywd · cites it 8× “29 U.S.C. § 402 (f) defines employee as, inter alia, “.”
Gutierrez v. Flores (2008) ca5 “§ 7103 (CSRA definition) with 29 U.S.C. § 402 (LMRDA definition); see also Reed, 176 F.”
Warshauer v. Solis (2009) ca11 · cites it 2× “29 U.S.C. § 402 (e). To implement the LMRDA, Congress authorized the Secretary “to issue, amend, and rescind rules and regulations prescribing the form and publication of reports required to be filed under this [subchapter] and such other reasonable rules and regulations .”
Show all 369 citing cases →
— 29 U.S.C. § 402(0) — 1 case
Stone v. Local 29, International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers & Helpers (1967) mad
— 29 U.S.C. § 402(a) — 1 case
Brooks v. Local No. 30, United Slate, Tile & Composition Roofers, Camp & Waterproof Workers' Ass'n (1960) paed
— 29 U.S.C. § 402(e) — 1 case
King v. Grand Lodge of the International Ass'n of Machinists (1963) cand
— 29 U.S.C. § 402(h) — 4 cases
Navarro v. Gannon (1967) ca2
Hodgson v. United Mine Workers of America (1972) dcd
Brewery Bottlers & Drivers Union Local 1345, Brooklyn, New York v. International Brotherhood of Teamsters, Chauffeurs, W (1962) nyed
Hunter v. Service Employees International Union (2019) ilnd
— 29 U.S.C. § 402(i) — 2 cases
United States v. Fred Ferrara and Arthur Russell (1971) ca2
McNamara v. Johnston (1972) ilnd
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.