Title 29LaborRelease 119-73not60

§152 Definitions

Title 29 › Chapter 7— LABOR-MANAGEMENT RELATIONS › Subchapter II— NATIONAL LABOR RELATIONS › § 152

Last updated Apr 5, 2026|Official source

Summary

Defines important words used in this part of the law so people know what the words mean. Person means one or more people or legal entities like companies, unions, partnerships, trustees, or receivers. Employer means anyone acting for an employer, but it does not include the United States, wholly owned government corporations, Federal Reserve Banks, state or local governments, people covered by the Railway Labor Act, or labor organizations unless they are acting as the employer. Employee covers most workers, including those out of work because of a labor dispute or unfair labor practice who have not found similar work, but it excludes farm workers, domestic workers in a home, family members working for each other, independent contractors, supervisors, and people covered by the Railway Labor Act or anyone who is not an employer as defined. Representatives means an individual or a labor organization. Labor organization means any group or plan where employees take part to deal with employers about pay, hours, or working conditions. Commerce means trade or movement that crosses state lines, involves Washington, D.C., U.S. territories, or foreign countries, or goes through them. Affecting commerce means something that occurs in commerce or that harms or blocks the free flow of commerce or leads to a labor dispute that does. Unfair labor practice refers to the unlawful acts named elsewhere in the law. Labor dispute means any disagreement about hiring, firing, pay, hours, working conditions, or who represents workers. National Labor Relations Board means the Board the law creates. Supervisor means a person who has real authority over hiring, firing, discipline, assignments, promotions, or handling grievances. Professional employee is a category the law defines. Whether someone is an agent of another is decided by the overall facts, not only by whether specific acts were formally approved. Health care institution includes hospitals, nursing homes, HMOs, clinics, and similar places that care for sick or elderly people.

Full Legal Text

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.”

Legislative History

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

Effective Date

note preceding section 101 of Title 11, Bankruptcy.

Effective Date

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

Effective Date

note under section 169 of this title.

Effective Date

of 1947 AmendmentFor

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.

Reference

Citations & Metadata

Citation

29 U.S.C. § 152

Title 29Labor

Last Updated

Apr 5, 2026

Release point: 119-73not60