29 CFR 451.4 - Labor organizations under section 3(j).

§ 451.4 Labor organizations under section 3(j).
(a) General. Section 3(j) sets forth five categories of labor organizations which “shall be deemed to be engaged in an industry affecting commerce” within the meaning of the Act. Any organization which qualifies under section 3(i) and falls within any one of these categories listed in section 3(j) is subject to the requirements of the Act.
(b) Certified employee representatives. This category includes all organizations certified as employee representatives under the Railway Labor Act, as amended, or under the National Labor Relations Act, as amended.
(c) Labor organizations recognized or acting as employee representatives though not certified. This category includes local, national, or international labor organizations which, though not formally certified, are recognized or acting as the representatives of employees of an employer engaged in an industry affecting commerce. Federations, such as the American Federation of Labor and Congress of Industrial Organizations, are included in this category, 9 although expressly excepted from the election provisions of the Act. 10

Footnote(s):
9 See National Labor Relations Board v. Highland Park Mfg. Co., 341 U.S. 322. See also paragraph (d) of this section.


Footnote(s):
10 Act, sec. 401(a).

(d) Organizations which have chartered local or subsidiary bodies. This category includes any labor organization that has chartered a local labor organization or subsidiary body which is within either of the categories discussed in paragraph (b) or (c) of this section. Under this provision, a labor organization not otherwise subject to the Act, such as one composed of Government employees, would appear to be “engaged in an industry affecting commerce” and, therefore, subject to the Act if it charters one or more local labor organizations which deal with an “employer” as defined in section 3(c). 11 This category includes, among others, a federation of national or international organizations which directly charters local bodies. 12

Footnote(s):
11 See § 451.3(a).


Footnote(s):
12 See also paragraph (c) of this section.

(e) Local or subordinate bodies which have been chartered by a labor organization. This category includes any labor organization that has been chartered by an organization within either of the categories discussed in paragraph (b) or (c) of this section as the local or subordinate body through which such employees may enjoy membership or become affiliated with the chartering organization.
(f) Intermediate bodies. Included in this category is any 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 categories discussed in paragraphs (b), (c), (d) and (e) of this section. Excluded from this definition, however, are State or local central bodies. 13 (It should be noted that the above listing is included in the Act as words of illustration, not of limitation.) The following is a description of typical intermediate bodies:

Footnote(s):
13 For discussion of State and local central bodies see § 451.5.

(1) Conference. A conference is an organic body within a national or international labor organization formed on a geographical area, trade division, employer-wide or similar basis and composed of affiliate locals of the parent national or international organization. The various conferences of the International Brotherhood of Teamsters, for example, are in this category.
(2) General committees. Typical of those bodies are the general committees of the railroad labor organizations. The term includes any subordinate unit of a national railroad labor organization, regardless of the title or designation of such unit, which under the constitution and bylaws of the organization of which it is a unit, is authorized to represent that organization on a particular railroad or portion thereof in negotiating with respect to wages and working conditions. 14 General committees are sometimes known as system boards of adjustment, general grievance committees, and general committees of adjustment. They are to be distinguished from system boards of adjustment established under the Railway Labor Act, which are composed of management and labor members. These joint labor-management boards are not included within the definition of a labor organization under the Act.

Footnote(s):
14 See definition of term “General Committee” under Railroad Retirement Act in 20 CFR 201.1(k).

(3) Joint or system boards. As mentioned above, in connection with railroad labor organizations the term “general committee” includes system boards. However, as used here the term has a broader meaning and includes, among others, boards which have members from more than one labor organization.
(4) Joint councils. A joint council is composed of locals not necessarily of the same national or international labor organization located in a particular area, such as a city or county. These bodies are sometimes called joint boards, joint executive boards, joint councils, or district councils. Included, for example, are councils of building and construction trades labor organizations.
[28 FR 14388, Dec. 27, 1963, as amended at 42 FR 59071, Nov. 15, 1977]

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