---
kind: "section"
citation: "29 U.S.C. § 402"
title: "29"
title_heading: "Labor"
number: "402"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/29/402"
units:
  - "Chapter 11 — Labor-Management Reporting and Disclosure Procedure"
  - "Subchapter I — General Provisions"
---

# §402. Definitions


For the purposes of this chapter—

- (a) “Commerce” means trade, traffic, commerce, transportation, transmission, or communication among the several [States](#b) or between any [State](#b) 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](/usc/43/1331.md) et seq.].
- (c) “Industry affecting commerce” means any activity, business, or industry in [commerce](#a) or in which a [labor dispute](#g) would hinder or obstruct [commerce](#a) or the free flow of [commerce](#a) and includes any activity or industry “affecting [commerce](#a)” within the meaning of the Labor Management Relations Act, 1947, as amended [[29 U.S.C. 141](/usc/29/141.md) et seq.], or the Railway Labor Act, as amended [[45 U.S.C. 151](/usc/45/151.md) et seq.].
- (d) “Person” includes one or more individuals, [labor organizations](#i), partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under [title 11](/usc/11.md), or receivers.
- (e) “Employer” means any employer or any group or association of employers engaged in an [industry affecting commerce](#c) (1) which is, with respect to [employees](#f) engaged in an [industry affecting commerce](#c), an employer within the meaning of any law of the United States relating to the employment of any [employees](#f) or (2) which may deal with any [labor organization](#i) concerning grievances, [labor disputes](#g), wages, rates of pay, hours of employment, or conditions of work, and includes any [person](#d) acting directly or indirectly as an employer or as an agent of an employer in relation to an [employee](#f) but does not include the United States or any corporation wholly owned by the Government of the United States or any [State](#b) or political subdivision thereof.
- (f) “Employee” means any individual employed by an [employer](#e), and includes any individual whose work has ceased as a consequence of, or in connection with, any current [labor dispute](#g) or because of any unfair labor practice or because of exclusion or expulsion from a [labor organization](#i) 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](#d) 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](#e) and [employee](#f).
- (h) “Trusteeship” means any receivership, trusteeship, or other method of supervision or control whereby a [labor organization](#i) 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](#c) and includes any organization of any kind, any agency, or [employee](#f) representation committee, group, association, or plan so engaged in which [employees](#f) participate and which exists for the purpose, in whole or in part, of dealing with [employers](#e) concerning grievances, [labor disputes](#g), 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](#b) or local central body.
- (j) A [labor organization](#i) shall be deemed to be engaged in an [industry affecting commerce](#c) if it—
  - (1) is the certified representative of [employees](#f) under the provisions of the National Labor Relations Act, as amended [[29 U.S.C. 151](/usc/29/151.md) et seq.], or the Railway Labor Act, as amended [[45 U.S.C. 151](/usc/45/151.md) et seq.]; or
  - (2) although not certified, is a national or international [labor organization](#i) or a local [labor organization](#i) recognized or acting as the representative of [employees](#f) of an [employer](#e) or [employers](#e) engaged in an [industry affecting commerce](#c); or
  - (3) has chartered a local [labor organization](#i) or subsidiary body which is representing or actively seeking to represent [employees](#f) of [employers](#e) within the meaning of paragraph [(1)](#j-1) or [(2)](#j-2); or
  - (4) has been chartered by a [labor organization](#i) representing or actively seeking to represent [employees](#f) within the meaning of paragraph [(1)](#j-1) or [(2)](#j-2) as the local or subordinate body through which such [employees](#f) may enjoy membership or become affiliated with such [labor organization](#i); or
  - (5) is a conference, general committee, joint or system board, or joint council, subordinate to a national or international [labor organization](#i), which includes a [labor organization](#i) engaged in an [industry affecting commerce](#c) within the meaning of any of the preceding paragraphs of this subsection, other than a [State](#b) 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](#d) 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](#i), 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](#i), and (2) a primary purpose of which is to provide benefits for the members of such [labor organization](#i) or their beneficiaries.
- (m) “Labor relations consultant” means any [person](#d) who, for compensation, advises or represents an [employer](#e), [employer](#e) organization, or [labor organization](#i) concerning [employee](#f) organizing, concerted activities, or collective bargaining activities.
- (n) “Officer” means any constitutional officer, any [person](#d) authorized to perform the functions of president, vice president, [secretary](#p), treasurer, or other executive functions of a [labor organization](#i), 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](#i), includes any [person](#d) 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](#n), agent, shop steward, or other representative”, when used with respect to a [labor organization](#i), 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.

## Source credit

(Pub. L. 86–257, § 3, Sept. 14, 1959, 73 Stat. 520; Pub. L. 95–598, title III, § 320, Nov. 6, 1978, 92 Stat. 2678.)

## Notes

### Editorial Notes

### 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, 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 Subsidiaries

### 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.