§ 401. Congressional declaration of findings, pur-
poses, and policy
(a) Standards for labor-management relations
The Congress finds that, in the public interest,
it continues to be the responsibility of the Fed-
eral Government to protect employees’ rights to
organize, choose their own representatives, bar-
gain collectively, and otherwise engage in con-
certed activities for their mutual aid or protec-
tion; that the relations between employers and
labor organizations and the millions of workers
they represent have a substantial impact on the
commerce of the Nation; and that in order to ac-
complish the objective of a free flow of com-
merce it is essential that labor organizations,
employers, and their officials adhere to the
highest standards of responsibility and ethical
conduct in administering the affairs of their or-
ganizations, particularly as they affect labor-
management relations.
(b) Protection of rights of employees and the
public
The Congress further finds, from recent inves-
tigations in the labor and management fields,
Page 119
TITLE 29—LABOR
§ 402
that there have been a number of instances of
breach of trust, corruption, disregard of the
rights of individual employees, and other fail-
ures to observe high standards of responsibility
and ethical conduct which require further and
supplementary legislation that will afford nec-
essary protection of the rights and interests of
employees and the public generally as they re-
late to the activities of labor organizations, em-
ployers, labor relations consultants, and their
officers and representatives.
(c) Necessity to eliminate or prevent improper
practices
The Congress, therefore, further finds and de-
clares that the enactment of this chapter is nec-
essary to eliminate or prevent
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Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:uscode2024_d8c702d4e851c405f0347085 Source file: Laws/federal/codes/united-states-code-2024/title-29/section-401-congressional-declaration-of-findings-pur--2cab60e6fa.md Pages: Not recorded – Not recorded Passage SHA-256: 0f57689e42170c16133ba2ed0dfda6202e62b318c0da5ffde94fd95268652384 Retained source evidence SHA-256: 674c2e410ee62c129125ea0e72bcacf372e392e133d7caa196455c0ebd791901
Page 118
TITLE 29—LABOR
§ 401
Section 308c, Pub. L. 85–836, § 12, as added Pub. L.
87–420, § 16(a), Mar. 20, 1962, 76 Stat. 38, related to reli-
ance on administrative interpretations and forms. See
section 1028 of this title.
Section 308d, Pub. L. 85–836, § 13, as added Pub. L.
87–420, § 16(a), Mar. 20, 1962, 76 Stat. 39, related to bond-
ing requirements. See section 1112 of this title.
Section 308e, Pub. L. 85–836, § 14, as added Pub. L.
87–420, § 16(a), Mar. 20, 1962, 76 Stat. 40, related to estab-
lishment, membership, duties, etc., of Advisory Council
on Employee Welfare and Pension Benefit Plans. See
section 1142 of this title.
Section 308f, Pub. L. 85–836, § 15, as added Pub. L.
87–420, § 16(a), Mar. 20, 1962, 76 Stat. 41, related to ad-
ministration of provisions of chapter. See section 1137
of this title.
Section 309, Pub. L. 85–836, § 16, formerly § 10, Aug. 28,
1958, 72 Stat. 1002, renumbered and amended Pub. L.
87–420, § 16(a), (b), Mar. 20, 1962, 76 Stat. 38, 41, related to
effect of other laws on provisions of this chapter. See
section 1144 of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective Jan. 1, 1975, except that chapter to
remain applicable to any conduct and events which oc-
curred before Jan. 1, 1975, see section 1031 of this title.
The Secretary of Labor was empowered, in the case of
a plan which has a plan year which begins before Jan.
1, 1975, and ends after Dec. 31, 1974, to postpone by regu-
lation the effective date of the repeal of any provision
of this chapter until the beginning of the first plan
year of such plan which begins after Jan. 1, 1975, pursu-
ant to section 1031(b)(2) of this title.
CHAPTER 11—LABOR-MANAGEMENT
REPORTING AND DISCLOSURE PROCEDURE
SUBCHAPTER I—GENERAL PROVISIONS
Sec.
401.
Congressional declaration of findings, pur-
poses, and policy.
402.
Definitions.
SUBCHAPTER II—BILL OF RIGHTS OF MEMBERS
OF LABOR ORGANIZATIONS
411.
Bill of rights; constitution and bylaws of
labor organizations.
412.
Civil action for infringement of rights; juris-
diction.
413.
Retention of existing rights of members.
414.
Right to copies of collective bargaining
agreements.
415.
Information to members of provisions of
chapter.
SUBCHAPTER III—REPORTING BY LABOR ORGA-
NIZATIONS,
OFFICERS
AND
EMPLOYEES
OF
LABOR ORGANIZATIONS, AND EMPLOYERS
431.
Report of labor organizations.
432.
Report of officers and employees of labor or-
ganizations.
433.
Report of employers.
434.
Exemption of attorney-client communica-
tions.
435.
Reports and documents as public informa-
tion.
436.
Retention of records.
437.
Time for making reports.
438.
Rules and regulations; simplified reports.
439.
Violations and penalties.
440.
Civil action for enforcement by Secretary; ju-
risdiction.
441.
Surety company reports; contents; waiver or
modification of requirements respecting
contents of reports.
SUBCHAPTER IV—TRUSTEESHIPS
461.
Reports.
Sec.
462.
Purposes for establishment of trusteeship.
463.
Unlawful acts relating to labor organization
under trusteeship.
464.
Civil action for enforcement.
465.
Report to Congress.
466.
Additional rights and remedies; exclusive ju-
risdiction of district court; res judicata.
SUBCHAPTER V—ELECTIONS
481.
Terms of office and election procedures.
482.
Enforcement.
483.
Application of other laws; existing rights and
remedies; exclusiveness of remedy for chal-
lenging election.
SUBCHAPTER VI—SAFEGUARDS FOR LABOR
ORGANIZATIONS
501.
Fiduciary responsibility of officers of labor
organizations.
502.
Bonding of officers and employees of labor or-
ganizations; amount, form, and placement
of bonds; penalty for violation.
503.
Financial transactions between labor organi-
zation and officers and employees.
504.
Prohibition against certain persons holding
office.
SUBCHAPTER VII—MISCELLANEOUS PROVISIONS
521.
Investigations by Secretary; applicability of
other laws.
522.
Extortionate picketing; penalty for violation.
523.
Retention of rights under other Federal and
State laws.
524.
Effect on State laws.
524a.
Elimination of racketeering activities threat;
State legislation governing collective bar-
gaining representative.
525.
Service of process.
526.
Applicability of administrative procedure
provisions.
527.
Cooperation with other agencies and depart-
ments.
528.
Criminal contempt.
529.
Prohibition on certain discipline by labor or-
ganization.
530.
Deprivation of rights by violence; penalty.
531.
Separability.
SUBCHAPTER I—GENERAL PROVISIONS
§ 401. Congressional declaration of findings, pur-
poses, and policy
(a) Standards for labor-management relations
The Congress finds that, in the public interest,
it continues to be the responsibility of the Fed-
eral Government to protect employees’ rights to
organize, choose their own representatives, bar-
gain collectively, and otherwise engage in con-
certed activities for their mutual aid or protec-
tion; that the relations between employers and
labor organizations and the millions of workers
they represent have a substantial impact on the
commerce of the Nation; and that in order to ac-
complish the objective of a free flow of com-
merce it is essential that labor organizations,
employers, and their officials adhere to the
highest standards of responsibility and ethical
conduct in administering the affairs of their or-
ganizations, particularly as they affect labor-
management relations.
(b) Protection of rights of employees and the
public
The Congress further finds, from recent inves-
tigations in the labor and management fields,
Page 119
TITLE 29—LABOR
§ 402
that there have been a number of instances of
breach of trust, corruption, disregard of the
rights of individual employees, and other fail-
ures to observe high standards of responsibility
and ethical conduct which require further and
supplementary legislation that will afford nec-
essary protection of the rights and interests of
employees and the public generally as they re-
late to the activities of labor organizations, em-
ployers, labor relations consultants, and their
officers and representatives.
(c) Necessity to eliminate or prevent improper
practices
The Congress, therefore, further finds and de-
clares that the enactment of this chapter is nec-
essary to eliminate or prevent improper prac-
tices on the part of labor organizations, employ-
ers, labor relations consultants, and their offi-
cers and representatives which distort and de-
feat the policies of the Labor Management Rela-
tions Act, 1947, as amended [29 U.S.C. 141 et
seq.], and the Railway Labor Act, as amended [45
U.S.C. 151 et seq.], and have the tendency or nec-
essary effect of burdening or obstructing com-
merce by (1) impairing the efficiency, safety, or
operation of the instrumentalities of commerce;
(2) occurring in the current of commerce; (3) ma-
terially affecting, restraining, or controlling the
flow of raw materials or manufactured or proc-
essed goods into or from the channels of com-
merce, or the prices of such materials or goods
in commerce; or (4) causing diminution of em-
ployment and wages in such volume as substan-
tially to impair or disrupt the market for goods
flowing into or from the channels of commerce.
(Pub. L. 86–257, § 2, Sept. 14, 1959, 73 Stat. 519.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (c), was in the
original ‘‘this Act’’, meaning Pub. L. 86–257, Sept. 14,
1959, 73 Stat. 519, known as the Labor-Management Re-
porting 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 com-
plete classification of this Act to the Code, see Short
Title note set out below 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.
The Railway Labor Act, referred to in subsec. (c), is
act May 20, 1926, ch. 347, 44 Stat. 577, which is classified
principally to chapter 8 (§ 151 et seq.) of Title 45, Rail-
roads. For complete classification of this Act to the
Code, see section 151 of Title 45 and Tables.
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L. 86–257, § 1, Sept. 14, 1959, 73 Stat. 519, provided
that: ‘‘This Act [enacting this chapter, amending sec-
tions 153, 158, 159, 160, 164, 186, and 187 of this title, and
enacting provisions set out as notes under sections 153,
158, and 481 of this title] may be cited as the ‘Labor-
Management Reporting and Disclosure Act of 1959’.’’
§ 402. Definitions
For the purposes of this chapter—
(a) ‘‘Commerce’’ means trade, traffic, com-
merce, transportation, transmission, or commu-
nication among the several States or between
any State 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 Conti-
nental Shelf lands defined in the Outer Conti-
nental Shelf Lands Act [43 U.S.C. 1331 et seq.].
(c) ‘‘Industry affecting commerce’’ means any
activity, business, or industry in commerce or
in which a labor dispute would hinder or ob-
struct commerce or the free flow of commerce
and includes any activity or industry ‘‘affecting
commerce’’ within the meaning of the Labor
Management Relations Act, 1947, as amended [29
U.S.C. 141 et seq.], or the Railway Labor Act, as
amended [45 U.S.C. 151 et seq.].
(d) ‘‘Person’’ includes one or more individuals,
labor organizations, partnerships, associations,
corporations, legal representatives, mutual com-
panies, joint-stock companies, trusts, unincor-
porated organizations, trustees, trustees in
cases under title 11, or receivers.
(e) ‘‘Employer’’ means any employer or any
group or association of employers engaged in an
industry affecting commerce (1) which is, with
respect to employees engaged in an industry af-
fecting commerce, an employer within the
meaning of any law of the United States relat-
ing to the employment of any employees or (2)
which may deal with any labor organization
concerning grievances, labor disputes, wages,
rates of pay, hours of employment, or conditions
of work, and includes any person acting directly
or indirectly as an employer or as an agent of an
employer in relation to an employee but does
not include the United States or any corpora-
tion wholly owned by the Government of the
United States or any State or political subdivi-
sion thereof.
(f) ‘‘Employee’’ means any individual em-
ployed by an employer, and includes any indi-
vidual whose work has ceased as a consequence
of, or in connection with, any current labor dis-
pute or because of any unfair labor practice or
because of exclusion or expulsion from a labor
organization in any manner or for any reason in-
consistent with the requirements of this chap-
ter.
(g) ‘‘Labor dispute’’ includes any controversy
concerning terms, tenure, or conditions of em-
ployment, or concerning the association or rep-
resentation of persons in negotiating, fixing,
maintaining, changing, or seeking to arrange
terms or conditions of employment, regardless
of whether the disputants stand in the proxi-
mate relation of employer and employee.
(h) ‘‘Trusteeship’’ means any receivership,
trusteeship, or other method of supervision or
control whereby a labor organization suspends
the autonomy otherwise available to a subordi-
nate body under its constitution or bylaws.
(i) ‘‘Labor organization’’ means a labor organi-
zation engaged in an industry affecting com-
merce and includes any organization of any
kind, any agency, or employee representation
committee, group, association, or plan so en-
gaged in which employees participate and which
exists for the purpose, in whole or in part, of
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
**(a) Standards for labor-management relations** The Congress finds that, in the public interest, it continues to be the responsibility of the Federal Government to protect employees’ rights to organize, choose their own representatives, bargain collectively, and otherwise engage in concerted activities for their mutual aid or protection; that the relations between employers and labor organizations and the millions of workers they represent have a substantial impact on the commerce of the Nation; and that in order to accomplish the objective of a free flow of commerce it is essential that labor organizations, employers, and their officials adhere to the highest standards of responsibility and ethical conduct in administering the affairs of their organizations, particularly as they affect labor-management relations.
**(b) Protection of rights of employees and the public** The Congress further finds, from recent investigations in the labor and management fields, that there have been a number of instances of breach of trust, corruption, disregard of the rights of individual employees, and other failures to observe high standards of responsibility and ethical conduct which require further and supplementary legislation that will afford necessary protection of the rights and interests of employees and the public generally as they relate to the activities of labor organizations, employers, labor relations consultants, and their officers and representatives.
**(c) Necessity to eliminate or prevent improper practices** The Congress, therefore, further finds and declares that the enactment of this chapter is necessary to eliminate or prevent improper practices on the part of labor organizations, employers, labor relations consultants, and their officers and representatives whic
In this subchapter:
**(a) Outer Continental Shelf.—** The term “outer Continental Shelf” means—
(1) all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in [section 1301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1301&num=0&edition=prelim), and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control or within the exclusive economic zone of the United States and adjacent to any territory of the United States; and
(2) does not include any area conveyed by Congress to a territorial government for administration;
**(b) Secretary.—** The term “Secretary” means the Secretary of the Interior, except that with respect to functions under this subchapter transferred to, or vested in, the Secretary of Energy or the Federal Energy Regulatory Commission by or pursuant to the Department of Energy Organization Act ([42 U.S.C. 7101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7101&num=0&edition=prelim) et seq.), the term “Secretary” means the Secretary of Energy, or the Federal Energy Regulatory Commission, as the case may be.
**(c) Lease.—** The term “lease” means any form of authorization which is issued under [section 1337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1337&num=0&edition=prelim) or maintained under [section 1335 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1335&num=0&edition=prelim) and which authorizes exploration for, and development and production of, minerals.
**(d) Person.—** The term “person” includes, in addition to a natural person, an association, a State, a political subdivision o
Stored review status: release_metadata_unconfirmed. The source passage cites 43 U.S.C. § 1331. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1331. Definitions
In this subchapter:
(a) OUTER
CONTINENTAL
SHELF.—The term
‘‘outer Continental Shelf’’ means—
(1) all submerged lands lying seaward and
outside of the area of lands beneath navigable
waters as defined in section 1301 of this title,
and of which the subsoil and seabed appertain
to the United States and are subject to its ju-
risdiction and control or within the exclusive
economic zone of the United States and adja-
cent to any territory of the United States; and
(2) does not include any area conveyed by
Congress to a territorial government for ad-
ministration;
(b) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior, except that with
respect to functions under this subchapter
transferred to, or vested in, the Secretary of En-
ergy or the Federal Energy Regulatory Commis-
sion by or pursuant to the Department of En-
ergy Organization Act (42 U.S.C. 7101 et seq.),
the term ‘‘Secretary’’ means the Secretary of
Energy, or the Federal Energy Regulatory Com-
mission, as the case may be.
(c) LEASE.—The term ‘‘lease’’ means any form
of authorization which is issued under section
1337 of this title or maintained under section
1335 of this title and which authorizes explo-
ration for, and development and production of,
minerals.
(d) PERSON.—The term ‘‘person’’ includes, in
addition to a natural person, an association, a
State, a political subdivision of a State, or a pri-
vate, public, or municipal corporation.
(e) COASTAL ZONE.—The term ‘‘coastal zone’’
means the coastal waters (including the lands
therein
and
thereunder)
and
the
adjacent
shorelands (including the waters therein and
thereunder), strongly influenced by each other
and in proximity to the shorelines of the several
coastal States, and includes i
Stored review status: historical_2024_not_currentness_verified. The source passage cites 43 U.S.C. § 1331. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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.