(a) General. Section 3(j) sets forth five categories of labor organizations which "shall be deemed to be engaged in an industry affecting commerce" within the meaning of the Act. Any organization which qualifies under section 3(i) and falls within any one of these categories listed in section 3(j) is subject to the requirements of the Act.
(b) Certified employee representatives. This category includes all organizations certified as employee representatives under the Railway Labor Act, as amended, or under the National Labor Relations Act, as amended.
(c) Labor organizations recognized or acting as employee representatives though not certified. This category includes local, national, or international labor organizations which, though not formally certified, are recognized or acting as the representatives of employees of an employer engaged in an industry affecting commerce. Federations, such as the American Federation of Labor and Congress of Industrial Organizations, are included in this category, 9 although expressly excepted from the election provisions of the Act. 10
9 See
National Labor Relations Board v. Highland Park Mfg
Co.,341 U.S. 322. See also paragraph (d) of this section.
(d) Organizations which have chartered local or subsidiary bodies. This category includes any labor organization that has chartered a local labor organization or subsidiary body which is within either of the categories discussed in paragraph (b) or (c) of this section. Under this provision, a labor organization not otherwise subject to the Act, such as one composed of Government employees, would appear to be "engaged in an industry affecting commerce" and, therefore, subject to the Act if it charters one or more local labor organizations which deal with an "employer" as defined in section 3(c). 11 This category includes, among others, a federation of national or international organizations which directly charters local bodies. 12
12 See also paragraph (c) of
this section.
(e) Local or subordinate bodies which have been chartered by a labor organization. This category includes any labor organization that has been chartered by an organization within either of...
