(a) The following entities are excluded from the definition of ``employer'' under the National Labor Relations Act and are not subject to the requirements of this part:
(1) The United States or any wholly owned Government corporation;
(2) Any Federal Reserve Bank;
(3) Any State or political subdivision thereof;
(4) Any person subject to the Railway Labor Act;
(5) Any labor organization (other than when acting as an employer); or
(6) Anyone acting in the capacity of officer or agent of such labor organization.
(b) In addition, employers employing exclusively workers who are excluded from the definition of ``employee'' under Sec. 104.201 are not covered by the requirements of this part.
(c) This part does not apply to entities over which the Board has been found not to have jurisdiction, or over which the Board has chosen through regulation or adjudication not to assert jurisdiction.
(d)(1) This part does not apply to entities whose impact on interstate commerce, although more than de minimis, is so slight that they do not meet the Board's discretionary jurisdiction standards. The most commonly applicable standards are:
(1) This part does not apply to entities whose impact on interstate commerce, although more than de minimis, is so slight that they do not meet the Board's discretionary jurisdiction standards. The most commonly applicable standards are:
(i) The retail standard, which applies to employers in retail businesses, including home construction. The Board will take jurisdiction over any such employer that has a gross annual volume of business of $500,000 or more.
(ii) The nonretail standard, which applies to most other employers. It is based either on the amount of goods sold or services provided by the employer out of state (called ``outflow'') or goods or services purchased by the employer from out of state (called ``inflow''). The Board will take jurisdiction over any employer with an annual inflow or outflow of at least $50,000. Outflow can be either direct--to out-of-state purchasers--or indirect--to purchasers that meet other jurisdictional standards. Inflow can also be direct--purchased directly from out of state--or indirect--purchased from sellers within the state that purchased them from out-of-state sellers.
(2) There are other standards for miscellaneous categories of employers. These standards are based on the employer's gross annual volume of business unless stated otherwise. These standards are listed in the Table to this section.
Table to Sec. 104.204----------------------------------------------------------------------------------------------------------------
Employer category Jurisdictional standard----------------------------------------------------------------------------------------------------------------Amusement industry......................... $500,000.Apartment houses, condominiums, $500,000.
cooperatives.Architects................................. Nonretail standard.Art museums, cultural centers, libraries... $1 million.Bandleaders................................ Retail/nonretail (depends on customer).Cemeteries................................. $500,000.Colleges, universities, other private $1 million.
schools.Communications (radio, TV, cable, $100,000.
telephone, telegraph).Credit unions.............................. Either retail or nonretail standard.Day care centers........................... $250,000.Gaming industry............................ $500,000.Health care institutions:
Nursing homes, visiting nurses $100,000.
associations.
Hospitals, blood banks, other health $250,000.
care facilities (including doctors'
and dentists' offices).Hotels and motels.......................... $500,000.Instrumentalities of interstate commerce... $50,000.Labor organizations (as employers)......... Nonretail standard.
Law firms; legal service organizations..... $250,000.Newspapers (with interstate contacts)...... $200,000.Nonprofit charitable institutions.......... Depends on the entity's substantive purpose.Office buildings; shopping centers......... $100,000.Private clubs.............................. $500,000.Public utilities........................... $250,000 or nonretail standard.Restaurants................................ $500,000.Social services organizations.............. $250,000.Symphony orchestras........................ $1 million.Taxicabs................................... $500,000.Transit systems............................ $250,000.----------------------------------------------------------------------------------------------------------------
(3) If an employer can be classified under more than one category, the Board will assert jurisdiction if the employer meets the jurisdictional standard of any of those categories.
(4) There are a few employer categories without specific jurisdictional standards:
(i) Enterprises whose operations have a substantial effect on national defense or that receive large amounts of Federal funds
(ii) Enterprises in the District of Columbia
(iii) Financial information organizations and accounting firms
(iv) Professional sports
(v) Stock brokerage firms
(vi) U. S. Postal Service
(5) A more complete discussion of the Board's jurisdictional standards may be found in An Outline of Law and Procedure in Representation Cases, Chapter 1, found on the Board's Web site, http://www.nlrb.gov.
(e) This part does not apply to the United States Postal Service.
Sec. Appendix to Subpart A--Text of Employee Notice
``EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT
The National Labor Relations Act (NLRA) guarantees the right of employees to organize and bargain collectively with their employers, and to engage in other protected concerted activity or to refrain from engaging in any of the above activity. Employees covered by the NLRA* are protected from certain types of employer and union misconduct. This Notice gives you general information about your rights, and about the obligations of employers and unions under the NLRA. Contact the National Labor Relations Board (NLRB), the Federal agency that investigates and resolves complaints under the NLRA, using the contact information supplied below, if you have any questions about specific rights that may apply in your particular workplace.
``Under the NLRA, you have the right to:
Organize a union to negotiate with your employer concerning your wages, hours, and other terms and conditions of employment.
Form, join or assist a union.
Bargain collectively through representatives of employees' own choosing for a contract with your employer setting your wages, benefits, hours, and other working conditions.
Discuss your wages and benefits and other terms and conditions of employment or union organizing with your co-workers or a union.
Take action with one or more co-workers to improve your working conditions by, among other means, raising work-related complaints directly with your employer or with a government agency, and seeking help from a union.
Strike and picket, depending on the purpose or means of the strike or the picketing.
Choose not to do any of these activities, including joining or remaining a member of a union.
``Under the NLRA, it is illegal for your employer to:
Prohibit you from talking about or soliciting for a union during non-work time, such as before or after work or during break times; or from distributing union literature during non-work time, in non-work areas, such as parking lots or break rooms.
Question you about your union support or activities in a manner that discourages you from engaging in that activity.
Fire, demote, or transfer you, or reduce your hours or change your shift, or otherwise take adverse action against you, or threaten to take any of these actions, because you join or support a union, or because you engage in concerted activity for mutual aid and protection, or because you choose not to engage in any such activity.
Threaten to close your workplace if workers choose a union to represent them.
Promise or grant promotions, pay raises, or other benefits to discourage or encourage union support.
Prohibit you from wearing union hats, buttons, t-shirts, and pins in the workplace except under special circumstances.
Spy on or videotape peaceful union activities and gatherings or pretend to do so.
``Under the NLRA, it is illegal for a union or for the union that represents you in bargaining with your employer to:
Threaten or coerce you in order to gain your support for the union.
Refuse to process a grievance because you have criticized union officials or because you are not a member of the union.
Use or maintain discriminatory standards or procedures in making job referrals from a hiring hall.
Cause or attempt to cause an employer to discriminate against you because of your union-related activity.
Take adverse action against you because you have not joined or do not support the union.
``If you and your co-workers select a union to act as your collective bargaining representative, your employer and the union are required to bargain in good faith in a genuine effort to reach a written, binding agreement setting your terms and conditions of employment. The union is required to fairly represent you in bargaining and enforcing the agreement.
``Illegal conduct will not be permitted. If you believe your rights or the rights of others have been violated, you should contact the NLRB promptly to protect your rights, generally within six months of the unlawful activity. You may inquire about possible violations without your employer or anyone else being informed of the inquiry. Charges may be filed by any person and need not be filed by the employee directly affected by the violation. The NLRB may order an employer to rehire a worker fired in violation of the law and to pay lost wages and benefits, and may order an employer or union to cease violating the law. Employees should seek assistance from the nearest regional NLRB office, which can be found on the Agency's Web site: http://www.nlrb.gov.
You can also contact the NLRB by calling toll-free: 1-866-667-NLRB (6572) or (TTY) 1-866-315-NLRB (1-866-315-6572) for hearing impaired.
If you do not speak or understand English well, you may obtain a translation of this notice from the NLRB's Web site or by calling the toll-free numbers listed above.
``*The National Labor Relations Act covers most private-sector employers. Excluded from coverage under the NLRA are public-sector employees, agricultural and domestic workers, independent contractors, workers employed by a parent or spouse, employees of air and rail carriers covered by the Railway Labor Act, and supervisors (although supervisors that have been discriminated against for refusing to violate the NLRA may be covered).
``This is an official Government Notice and must not be defaced by anyone.''