---
kind: "section"
citation: "29 C.F.R. § 401.10"
title: "29"
number: "401.10"
heading: "Labor organization engaged in an industry affecting commerce."
url: "https://uscodex.org/cfr/29/401.10"
---

# §401.10. Labor organization engaged in an industry affecting commerce.


A labor organization shall be deemed to be engaged in an industry affecting commerce if it:

- (a) Is the certified representative of employees under the provisions of the National Labor Relations Act, as amended, or the Railway Labor Act, as amended; or
- (b) 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
- (c) 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 [(a)](#a) or [(b)](#b) of this section; or
- (d) Has been chartered by a labor organization representing or actively seeking to represent employees within the meaning of paragraph [(a)](#a) or [(b)](#b) of this section as the local or subordinate body through which such employees may enjoy membership or become affiliated with such labor organization; or
- (e) 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 section, other than a State or local central body.

## Notes

### Authority

Authority: Secs. 3, 208, 301, 401, 402, 73 Stat. 520, 529, 530, 532, 534 (29 U.S.C. 402, 438, 461, 481, 482); Secretary's Order No. 03-2012, 77 FR 69376, November 16, 2012; § 401.4 also issued under sec. 320 of Title III of the Bankruptcy Reform Act of 1978, Pub. L. 95-598, 92 Stat. 2678.

### Source

Source: 28 FR 14380, Dec. 27, 1963, unless otherwise noted.