§ 152. Definitions
When used in this subchapter—
(1) The term ‘‘person’’ includes one or more
individuals, labor organizations, partnerships,
associations, corporations, legal representa-
tives, trustees, trustees in cases under title 11,
or receivers.
(2) The term ‘‘employer’’ includes any per-
son acting as an agent of an employer, di-
rectly or indirectly, but shall not include the
United States or any wholly owned Govern-
ment corporation, or any Federal Reserve
Bank, or any State or political subdivision
thereof, or any person subject to the Railway
Labor Act [45 U.S.C. 151 et seq.], as amended
from time to time, or any labor organization
(other than when acting as an employer), or
anyone acting in the capacity of officer or
agent of such labor organization.
(3) The term ‘‘employee’’ shall include any
employee, and shall not be limited to the em-
ployees of a particular employer, unless this
subchapter explicitly states otherwise, and
shall include 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, and who has not ob-
tained any other regular and substantially
equivalent employment, but shall not include
any individual employed as an agricultural la-
borer, or in the domestic service of any family
or person at his home, or any individual em-
ployed by his parent or spouse, or any indi-
vidual having the status of an independent
contractor, or any individual employed as a
supervisor, or any individual employed by an
employer subject to the Railway Labor Act [45
U.S.C. 151 et seq.], as amended from time to
time, or by any other person who is not an em-
ployer as herein defined.
(4) The term ‘‘representatives’’ includes any
individual or labo
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Stable record: federal_law:legal_authorities:uscode2024_b82591306b1db606425c7ea0 Source file: Laws/federal/codes/united-states-code-2024/title-29/section-152-definitions--e3dbd06bbe.md Pages: Not recorded – Not recorded Passage SHA-256: b3e702ab8a7dac9353d639ec701f0a519573876d56b6fee1a178779af60d2a36 Retained source evidence SHA-256: 266fdc2feee21f27246b7f00fdd1c90ee9aac52b189a0cb70c3756ae5d024939
Page 37
TITLE 29—LABOR
§ 152
pressions, by depressing wage rates and the pur-
chasing power of wage earners in industry and
by preventing the stabilization of competitive
wage rates and working conditions within and
between industries.
Experience has proved that protection by law
of the right of employees to organize and bar-
gain collectively safeguards commerce from in-
jury, impairment, or interruption, and promotes
the flow of commerce by removing certain rec-
ognized sources of industrial strife and unrest,
by encouraging practices fundamental to the
friendly adjustment of industrial disputes aris-
ing out of differences as to wages, hours, or
other working conditions, and by restoring
equality of bargaining power between employers
and employees.
Experience has further demonstrated that cer-
tain practices by some labor organizations, their
officers, and members have the intent or the
necessary effect of burdening or obstructing
commerce by preventing the free flow of goods
in such commerce through strikes and other
forms of industrial unrest or through concerted
activities which impair the interest of the pub-
lic in the free flow of such commerce. The elimi-
nation of such practices is a necessary condition
to the assurance of the rights herein guaranteed.
It is hereby declared to be the policy of the
United States to eliminate the causes of certain
substantial obstructions to the free flow of com-
merce and to mitigate and eliminate these ob-
structions when they have occurred by encour-
aging the practice and procedure of collective
bargaining and by protecting the exercise by
workers of full freedom of association, self-orga-
nization, and designation of representatives of
their own choosing, for the purpose of negoti-
ating the terms and conditions of their employ-
ment or other mutual aid or protection.
(July 5, 1935, ch. 372, § 1, 49 Stat. 449; June 23,
1947, ch. 120, title I, § 101, 61 Stat. 136.)
Editorial Notes
AMENDMENTS
1947—Act June 23, 1947, amended section generally to
restate the declaration of policy and to make the find-
ing and policy of this subchapter ‘‘two-sided’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1947 AMENDMENT
Act June 23, 1947, ch. 120, title I, § 104, 61 Stat. 152,
provided that: ‘‘The amendments made by this title
[amending this subchapter] shall take effect sixty days
after the date of the enactment of this Act [June 23,
1947], except that the authority of the President to ap-
point certain officers conferred upon him by section 3
of the National Labor Relations Act as amended by this
title [section 153 of this title] may be exercised forth-
with.’’
§ 152. Definitions
When used in this subchapter—
(1) The term ‘‘person’’ includes one or more
individuals, labor organizations, partnerships,
associations, corporations, legal representa-
tives, trustees, trustees in cases under title 11,
or receivers.
(2) The term ‘‘employer’’ includes any per-
son acting as an agent of an employer, di-
rectly or indirectly, but shall not include the
United States or any wholly owned Govern-
ment corporation, or any Federal Reserve
Bank, or any State or political subdivision
thereof, or any person subject to the Railway
Labor Act [45 U.S.C. 151 et seq.], as amended
from time to time, or any labor organization
(other than when acting as an employer), or
anyone acting in the capacity of officer or
agent of such labor organization.
(3) The term ‘‘employee’’ shall include any
employee, and shall not be limited to the em-
ployees of a particular employer, unless this
subchapter explicitly states otherwise, and
shall include 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, and who has not ob-
tained any other regular and substantially
equivalent employment, but shall not include
any individual employed as an agricultural la-
borer, or in the domestic service of any family
or person at his home, or any individual em-
ployed by his parent or spouse, or any indi-
vidual having the status of an independent
contractor, or any individual employed as a
supervisor, or any individual employed by an
employer subject to the Railway Labor Act [45
U.S.C. 151 et seq.], as amended from time to
time, or by any other person who is not an em-
ployer as herein defined.
(4) The term ‘‘representatives’’ includes any
individual or labor organization.
(5) The term ‘‘labor organization’’ means
any organization of any kind, or any agency or
employee representation committee or plan,
in which employees participate and which ex-
ists for the purpose, in whole or in part, of
dealing with employers concerning grievances,
labor disputes, wages, rates of pay, hours of
employment, or conditions of work.
(6) The term ‘‘commerce’’ means trade, traf-
fic, commerce, transportation, or communica-
tion among the several States, or between the
District of Columbia or any Territory of the
United States and any State or other Terri-
tory, or between any foreign country and any
State, Territory, or the District of Columbia,
or within the District of Columbia or any Ter-
ritory, or between points in the same State
but through any other State or any Territory
or the District of Columbia or any foreign
country.
(7) The term ‘‘affecting commerce’’ means in
commerce, or burdening or obstructing com-
merce or the free flow of commerce, or having
led or tending to lead to a labor dispute bur-
dening or obstructing commerce or the free
flow of commerce.
(8) The term ‘‘unfair labor practice’’ means
any unfair labor practice listed in section 158
of this title.
(9) The term ‘‘labor dispute’’ includes any
controversy concerning terms, tenure or con-
ditions of employment, or concerning the as-
sociation or representation of persons in nego-
tiating, fixing, maintaining, changing, or
seeking to arrange terms or conditions of em-
ployment, regardless of whether the dispu-
tants stand in the proximate relation of em-
ployer and employee.
Page 38
TITLE 29—LABOR
§ 153
1 So in original. Probably should be ‘‘persons.’’
(10) The term ‘‘National Labor Relations
Board’’ means the National Labor Relations
Board provided for in section 153 of this title.
(11) The term ‘‘supervisor’’ means any indi-
vidual having authority, in the interest of the
employer, to hire, transfer, suspend, lay off,
recall, promote, discharge, assign, reward, or
discipline other employees, or responsibly to
direct them, or to adjust their grievances, or
effectively to recommend such action, if in
connection with the foregoing the exercise of
such authority is not of a merely routine or
clerical nature, but requires the use of inde-
pendent judgment.
(12)
The
term
‘‘professional
employee’’
means—
(a) any employee engaged in work (i) pre-
dominantly intellectual and varied in char-
acter as opposed to routine mental, manual,
mechanical, or physical work; (ii) involving
the consistent exercise of discretion and
judgment in its performance; (iii) of such a
character that the output produced or the
result accomplished cannot be standardized
in relation to a given period of time; (iv) re-
quiring knowledge of an advanced type in a
field of science or learning customarily ac-
quired by a prolonged course of specialized
intellectual instruction and study in an in-
stitution of higher learning or a hospital, as
distinguished from a general academic edu-
cation or from an apprenticeship or from
training in the performance of routine men-
tal, manual, or physical processes; or
(b) any employee, who (i) has completed
the courses of specialized intellectual in-
struction and study described in clause (iv)
of paragraph (a), and (ii) is performing re-
lated work under the supervision of a profes-
sional person to qualify himself to become a
professional employee as defined in para-
graph (a).
(13) In determining whether any person is
acting as an ‘‘agent’’ of another person so as
to make such other person responsible for his
acts, the question of whether the specific acts
performed were actually authorized or subse-
quently ratified shall not be controlling.
(14) The term ‘‘health care institution’’ shall
include any hospital, convalescent hospital,
health maintenance organization, health clin-
ic, nursing home, extended care facility, or
other institution devoted to the care of sick,
infirm, or aged person.1
(July 5, 1935, ch. 372, § 2, 49 Stat. 450; June 23,
1947, ch. 120, title I, § 101, 61 Stat. 137; Pub. L.
93–360, § 1(a), (b), July 26, 1974, 88 Stat. 395; Pub.
L. 95–598, title III, § 319, Nov. 6, 1978, 92 Stat.
2678.)
Editorial Notes
REFERENCES IN TEXT
The Railway Labor Act, referred to in pars. (2) and
(3), 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.
AMENDMENTS
1978—Par. (1). Pub. L. 95–598 substituted ‘‘cases under
title 11’’ for ‘‘bankruptcy’’.
1974—Par. (2). Pub. L. 93–360, § 1(a), struck out provi-
sions which had excepted from definition of ‘‘em-
ployer’’ corporations and associations operating hos-
pitals if no part of the net earnings inured to the ben-
efit of any private shareholder or individual.
Par. (14). Pub. L. 93–360, § 1(b), added par. (14).
1947—Act June 23, 1947, amended section generally to
redefine terms used in this subchapter and to define
several new terms.
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 Effec-
tive Date note preceding section 101 of Title 11, Bank-
ruptcy.
EFFECTIVE DATE OF 1974 AMENDMENT
Amendment by Pub. L. 93–360 effective on thirtieth
day after July 26, 1974, see section 4 of Pub. L. 93–360,
set out as an Effective Date note under section 169 of
this title.
EFFECTIVE DATE OF 1947 AMENDMENT
For effective date of amendment by act June 23, 1947,
see section 104 of act June 23, 1947, set out as a note
under section 151 of this title.
§ 153. National Labor Relations Board
(a) Creation, composition, appointment, and ten-
ure; Chairman; removal of members
The National Labor Relations Board (herein-
after called the ‘‘Board’’) created by this sub-
chapter prior to its amendment by the Labor
Management Relations Act, 1947 [29 U.S.C. 141 et
seq.], is continued as an agency of the United
States, except that the Board shall consist of
five instead of three members, appointed by the
President by and with the advice and consent of
the Senate. Of the two additional members so
provided for, one shall be appointed for a term of
five years and the other for a term of two years.
Their successors, and the successors of the other
members, shall be appointed for terms of five
years each, excepting that any individual chosen
to fill a vacancy shall be appointed only for the
unexpired term of the member whom he shall
succeed. The President shall designate one mem-
ber to serve as Chairman of the Board. Any
member of the Board may be removed by the
President, upon notice and hearing, for neglect
of duty or malfeasance in office, but for no other
cause.
(b) Delegation of powers to members and re-
gional directors; review and stay of actions
of regional directors; quorum; seal
The Board is authorized to delegate to any
group of three or more members any or all of
the powers which it may itself exercise. The
Board is also authorized to delegate to its re-
gional directors its powers under section 159 of
this title to determine the unit appropriate for
the purpose of collective bargaining, to inves-
tigate and provide for hearings, and determine
whether a question of representation exists, and
to direct an election or take a secret ballot
under subsection (c) or (e) of section 159 of this
title and certify the results thereof, except that
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** This chapter may be cited as the “Labor Management Relations Act, 1947”.
**(b)** Industrial strife which interferes with the normal flow of commerce and with the full production of articles and commodities for commerce, can be avoided or substantially minimized if employers, employees, and labor organizations each recognize under law one another’s legitimate rights in their relations with each other, and above all recognize under law that neither party has any right in its relations with any other to engage in acts or practices which jeopardize the public health, safety, or interest.It is the purpose and policy of this chapter, in order to promote the full flow of commerce, to prescribe the legitimate rights of both employees and employers in their relations affecting commerce, to provide orderly and peaceful procedures for preventing the interference by either with the legitimate rights of the other, to protect the rights of individual employees in their relations with labor organizations whose activities affect commerce, to define and proscribe practices on the part of labor and management which affect commerce and are inimical to the general welfare, and to protect the rights of the public in connection with labor disputes affecting commerce.
Stored review status: release_metadata_unconfirmed. The source passage cites 29 U.S.C. § 141. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 141. Short title; Congressional declaration of
purpose and policy
(a) This chapter may be cited as the ‘‘Labor
Management Relations Act, 1947’’.
(b) Industrial strife which interferes with the
normal flow of commerce and with the full pro-
duction of articles and commodities for com-
merce, can be avoided or substantially mini-
mized if employers, employees, and labor organi-
zations each recognize under law one another’s
legitimate rights in their relations with each
other, and above all recognize under law that
neither party has any right in its relations with
any other to engage in acts or practices which
jeopardize the public health, safety, or interest.
It is the purpose and policy of this chapter, in
order to promote the full flow of commerce, to
prescribe the legitimate rights of both employ-
ees and employers in their relations affecting
commerce, to provide orderly and peaceful pro-
cedures for preventing the interference by either
with the legitimate rights of the other, to pro-
tect the rights of individual employees in their
relations with labor organizations whose activi-
ties affect commerce, to define and proscribe
practices on the part of labor and management
which affect commerce and are inimical to the
general welfare, and to protect the rights of the
public in connection with labor disputes affect-
ing commerce.
(June 23, 1947, ch. 120, § 1, 61 Stat. 136.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘This Act’’ meaning act June 23, 1947, ch. 120,
61 Stat. 136, which is classified principally to this sub-
chapter and subchapters III (§ 171 et seq.) and IV (§ 185
et seq.) of this chapter. For complete classification of
this act to the Code, see Tables.
Statutory Notes an
Stored review status: historical_2024_not_currentness_verified. The source passage cites 29 U.S.C. § 141. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
When used in this subchapter—
(1) The term “person” includes one or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in cases under title 11, or receivers.
(2) The term “employer” includes any person acting as an agent of an employer, directly or indirectly, but shall not include the United States or any wholly owned Government corporation, or any Federal Reserve Bank, or any State or political subdivision thereof, or any person subject to the Railway Labor Act [[45 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section151&num=0&edition=prelim) et seq.], as amended from time to time, or any labor organization (other than when acting as an employer), or anyone acting in the capacity of officer or agent of such labor organization.
(3) The term “employee” shall include any employee, and shall not be limited to the employees of a particular employer, unless this subchapter explicitly states otherwise, and shall include 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, and who has not obtained any other regular and substantially equivalent employment, but shall not include any individual employed as an agricultural laborer, or in the domestic service of any family or person at his home, or any individual employed by his parent or spouse, or any individual having the status of an independent contractor, or any individual employed as a supervisor, or any individual employed by an employer subject to the Railway Labor Act [[45 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section151&num=0&edition=prelim) et seq.], as amended from time to
Stored review status: release_metadata_unconfirmed. The source passage cites 45 U.S.C. § 151. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 151. Definitions; short title
When used in this chapter and for the purposes
of this chapter—
First. The term ‘‘carrier’’ includes any rail-
road subject to the jurisdiction of the Surface
Transportation Board, any express company
that would have been subject to subtitle IV of
title 49, as of December 31, 1995,,1 and any com-
pany which is directly or indirectly owned or
controlled by or under common control with any
carrier by railroad and which operates any
equipment or facilities or performs any service
(other than trucking service) in connection with
the transportation, receipt, delivery, elevation,
transfer in transit, refrigeration or icing, stor-
age, and handling of property transported by
railroad, and any receiver, trustee, or other in-
dividual or body, judicial or otherwise, when in
the possession of the business of any such ‘‘car-
rier’’: Provided, however, That the term ‘‘carrier’’
shall not include any street, interurban, or sub-
urban electric railway, unless such railway is
operating as a part of a general steam-railroad
system of transportation, but shall not exclude
any part of the general steam-railroad system of
transportation now or hereafter operated by any
other motive power. The Surface Transportation
Board is authorized and directed upon request of
the Mediation Board or upon complaint of any
party interested to determine after hearing
whether any line operated by electric power
falls within the terms of this proviso. The term
‘‘carrier’’ shall not include any company by rea-
son of its being engaged in the mining of coal,
the supplying of coal to a carrier where delivery
is not beyond the mine tipple, and the operation
Page 9
TITLE 45—RAILROADS
§ 151
of equipment or facilities therefor, or in any of
such activi
Stored review status: historical_2024_not_currentness_verified. The source passage cites 45 U.S.C. § 151. This identifies an authority to review, not proof of applicability.