(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\
---------------------------------------------------------------------------
\9\ See National Labor Relations Board v. Highland Park Mfg. Co.,
341 U.S. 322. See also paragraph (d) of this section.
\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\
---------------------------------------------------------------------------
\11\ See Sec. 451.3(a).
\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:
---------------------------------------------------------------------------
\13\ For discussion of State and local central bodies see
Sec. 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.
---------------------------------------------------------------------------
\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]
