[Code of Federal Regulations]
[Title 29, Volume 2]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR452.12]

[Page 173-174]
 
                             TITLE 29--LABOR
 
  CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR
 
PART 452_GENERAL STATEMENT CONCERNING THE ELECTION PROVISIONS OF THE 
LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959--Table of Contents
 
                Subpart C_Coverage of Election Provisions
 
Sec. 452.12  Organizations comprised of government employees.

    An organization composed entirely of government employees (other 
than employees of the United States Postal Service) is not subject to 
the election provisions of the Act. Section 3(e) of the Act, defining 
the term ``employer,'' specifically excludes the United States 
Government, its wholly owned corporations, and the States and their 
political subdivisions from the scope of that term, and section 3(f) 
defines an ``employee'' as an individual employed by an ``employer.'' 
Since a ``labor organization'' is defined in section 3(i) as one in 
which ``employees'' participate and which exists in whole or in part for 
the purpose of ``dealing with employers,'' an organization composed 
entirely of government employees would not be a ``labor organization'' 
\13\ as that term is defined in the Act. However, section 1209 of the 
Postal Reorganization Act provides that organizations of employees of 
the United States Postal Service shall be subject to the Labor-
Management Reporting and Disclosure Act. A national, international or 
intermediate labor organization which has some locals of government 
employees not covered by the Act and other locals which are mixed or are 
composed entirely of employees covered by the Act would be subject to 
the election requirements of the Act. Its mixed locals

[[Page 174]]

would also be subject to the Act. The requirements would not apply to 
locals composed entirely of government employees not covered by the Act, 
except with respect to the election of officers of a parent organization 
which is subject to those requirements or the election of delegates to a 
convention of such parent organization, or to an intermediate body to 
which the requirements apply.
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    \13\ Most labor organizations composed of Federal Government 
employees are subject to the standards of conduct provisions of the 
Civil Service Reform Act, 5 U.S.C. 7120, or the Foreign Service Act, 22 
U.S.C. 4117. The regulations implementing those statutory provisions are 
contained in parts 457-459 of this chapter.

[38 FR 18324, July 9, 1973, as amended at 50 FR 31311, Aug. 1, 1985; 63 
FR 33780, June 19, 1998]