§152 — Title 29 Labor | U.S. Code

Summary

Defines key words used in the subchapter so people know what they mean. "Person" includes one or more people or groups such as unions, companies, partnerships, trustees, receivers, or legal representatives. "Employer" means anyone acting for an employer, but not the United States, wholly owned government corporations, Federal Reserve Banks, states or local governments, people covered by the Railway Labor Act, or most labor organizations unless they act as employers. "Employee" covers most workers, including those out of work because of a labor dispute or unfair labor practice who haven’t found similar regular work, but it excludes farmworkers, household workers in a private home, work for a parent or spouse, independent contractors, supervisors, people under the Railway Labor Act, or others who are not employers here. "Representatives" means a person or labor organization. "Labor organization" means any employee group that deals with employers about pay, hours, or working conditions. "Commerce" and "affecting commerce" deal with trade or travel between states, territories, D.C., or foreign countries and anything that blocks that flow. "Unfair labor practice" points to section 158. "Labor dispute" means any disagreement about employment terms or representation. "National Labor Relations Board" refers to the Board in section 153. "Supervisor" is someone who can hire, fire, move, discipline, direct, or handle grievances when using real judgment. "Professional employee" is mentioned but not defined here. "Health care institution" includes hospitals, convalescent hospitals, HMOs, clinics, nursing homes, extended care facilities, and similar places that care for sick, infirm, or elderly people. Finally, whether someone is an "agent" of another person is not decided only by whether their acts were authorized or later approved.

Title 29, §152

Labor — Source: USLM XML via OLRC

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 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 et seq.], as amended from time to time, or by any other person who is not an employer 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 exists 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, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia or any Territory of the United States and any State or other Territory, or between any foreign country and any State, Territory, or the District of Columbia, or within the District of Columbia or any Territory, 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 commerce or the free flow of commerce, or having led or tending to lead to a labor dispute burdening 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 conditions of employment, or concerning the association or representation of persons 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 and employee.

(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 individual 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 independent judgment.

(12)The term “professional employee” means—

(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 subsequently ratified shall not be controlling.

(14)The term “health care institution” shall include any hospital, convalescent hospital, health maintenance organization, health clinic, nursing home, extended care facility, or other institution devoted to the care of sick, infirm, or aged person.11 So in original. Probably should be “persons.”

Notes & Related Subsidiaries

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 provisions which had excepted from definition of “employer” corporations and associations operating hospitals if no part of the net earnings inured to the benefit 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 AmendmentAmendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an

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note preceding section 101 of Title 11, Bankruptcy.

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of 1974 AmendmentAmendment 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

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note under section 169 of this title.

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of 1947 AmendmentFor

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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.

§152 Definitions

Summary

Title 29, §152

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