Olms interpretative Manual

DEFINITIONSRELATINGTOJURISDICTION:

LABOR ORGANIZATION ENGAGED IN AN INDUSTRY AFFECTINGCOMMERCE

030.301LMRDA,SECTION3(j)

Alabororganization shallbedeemedto be engaged inan industryaffecting commerceifit–-

1. 
   is the certified representative of employees under the provisions of the National LaborRelationsAct, as amended, ortheRailwayLaborAct,as amended; or
   
2. 
   although not certified, is a national or international labor organization or a local labororganization recognized or acting as the representative of employees of an employer or employersengagedin an industryaffectingcommerce; or
   
3. 
   has chartered a local labor organization or subsidiary body which is representing or activelyseekingtorepresentemployees ofemployerswithin themeaningofparagraph(1)or(2);or
   
4. 
   has been chartered by a labor organization representing or actively seeking to representemployees within the meaning of paragraph (1) or (2) as the local or subordinate body throughwhich such employees may enjoy membership or become affiliated with such labor organization;or
   
5. 
   is a conference, general committee, joint or system board, or joint council, subordinate to anational or international labor organization, which includes a labor organization engaged in anindustry affecting commerce within the meaning of any of the preceding paragraphs of thissubsection,otherthan aStateorlocal central body.
   

030.302See29 CFR401.10.

030.305DEFINITIONCREATESREBUTTABLEPRESUMPTIONTHATUNIONISENGAGED IN "INDUSTRY AFFECTING COMMERCE" IN A CRIMINALPROSECUTIONAGAINSTAUNION OFFICIAL

Presuming the fact that a labor organization is certified as the bargaining representative foremployees in an industry affecting interstate commerce, it shall also be deemed engaged in suchindustry;however,theLMRDAdoesnotprecludethedefendantchargedwithviolationoftheActfrom showing that the labor organization of which he was an officer was not engaged in anindustryaffectinginterstatecommerce.

Lawsonv.UnitedStates,300F.2d252(10thCir.1962),49LRRM2557.
(TechnicalRevisions:Dec.2016)

030.310BARBERS'LOCAL

Where a barber's local, although it does not negotiate master craft collective bargainingagreements, negotiates individual agreements with independent operators of barbershops withinitsjurisdictionandischarteredbytheJourneymenBarbers InternationalUnionofAmerica,itisdeemed engaged in an industry affecting commerce within section 3(j)(4) of the Act and comeswithinthesection 3(i)definition ofalabororganization.

DEFINITIONSRELATINGTOJURISDICTION: