RULES AND REGULATIONS - National Labor Relations Board

NATIONAL LABOR RELATIONS ACTby encouraging the practice and procedure of collective bargaining and by protectingthe exercise by workers of full freedom of association, self-organization, anddesignation of representatives of their own choosing, for the purpose of negotiating theterms and conditions of their employment or other mutual aid or protection.DEFINITIONSSec. 2. [§ 152.] When used in this Act [subchapter]—(1) The term “person” includes one or more individuals, labor organizations,partnerships, associations, corporations, legal representatives, trustees, trustees incases under title 11 of the United States Code [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 ownedGovernment corporation, or any Federal Reserve Bank, or any State or politicalsubdivision thereof, or any person subject to the Railway Labor Act [45 U.S.C. § 151et seq.], as amended from time to time, or any labor organization (other than whenacting as an employer), or anyone acting in the capacity of officer or agent of suchlabor organization.[Pub. L. 93–360, § 1(a), July 26, 1974, 88 Stat. 395, deleted the phrase “or any corporationor association operating a hospital, if no part of the net earnings inures to the benefit of anyprivate shareholder or individual” from the definition of “employer.”](3) The term “employee” shall include any employee, and shall not be limited to theemployees of a particular employer, unless the Act [this subchapter] explicitly statesotherwise, and shall include any individual whose work has ceased as a consequenceof, or in connection with, any current labor dispute or because of any unfair laborpractice, and who has not obtained any other regular and substantially equivalentemployment, 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 individualemployed by his parent or spouse, or any individual having the status of anindependent contractor, or any individual employed as a supervisor, or any individualemployed 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 hereindefined.(4) The term “representatives” includes any individual or labor organization.(5) The term “labor organization” means any organization of any kind, or any agencyor employee representation committee or plan, in which employees participate andwhich exists for the purpose, in whole or in part, of dealing with employers concerninggrievances, labor disputes, wages, rates of pay, hours of employment, or conditions ofwork.228