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29 U.S.C. § 185Suits by and against labor organizations

submitted 79 years ago by ch. 120 to r/title-29-LABOR · 351 words · no verdicts yet

in plain englishAI-generated · not legal advice

Unions and employers can sue each other in federal court over contract violations. This works no matter the amount in dispute or where the parties are from. Unions sue and get sued as one group, and only union assets — not individual members — pay any judgment.

(a) Venue, amount, and citizenship: Lawsuits over broken contracts between an employer and a union (or between unions) can be filed in any federal district court that has power over the parties. It doesn't matter how much money is involved or what state the parties are from. (b) Responsibility for acts of agent: A union and an employer are each responsible for what their agents do. A union can sue or be sued as a single group, representing the workers it stands for. If a court orders a union to pay money, only the union's own funds can be used — not any individual member's money or property. (c) Jurisdiction: Federal courts have power over a union's case if the union's main office is in that court's district, or if the union's officers or agents work there representing members. (d) Service of process: Delivering a court summons, subpoena, or other legal paper to a union officer or agent — acting in that role — counts as delivering it to the whole union. (e) Determination of question of agency: When deciding if someone was acting as another person's "agent" (making that other person responsible), it doesn't matter whether the specific act was actually approved ahead of time or approved later.
the actual law source: uscode.house.gov ↗public domain
(a) Venue, amount, and citizenship

Suits for violation of contracts between an employer and a labor organization representing employees in an industry affecting commerce as defined in this chapter, or between any such labor organizations, may be brought in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy or without regard to the citizenship of the parties.

(b) Responsibility for acts of agent; entity for purposes of suit; enforcement of money judgments

Any labor organization which represents employees in an industry affecting commerce as defined in this chapter and any employer whose activities affect commerce as defined in this chapter shall be bound by the acts of its agents. Any such labor organization may sue or be sued as an entity and in behalf of the employees whom it represents in the courts of the United States. Any money judgment against a labor organization in a district court of the United States shall be enforceable only against the organization as an entity and against its assets, and shall not be enforceable against any individual member or his assets.

(c) Jurisdiction

For the purposes of actions and proceedings by or against labor organizations in the district courts of the United States, district courts shall be deemed to have jurisdiction of a labor organization (1) in the district in which such organization maintains its principal office, or (2) in any district in which its duly authorized officers or agents are engaged in representing or acting for employee members.

(d) Service of process

The service of summons, subpena, or other legal process of any court of the United States upon an officer or agent of a labor organization, in his capacity as such, shall constitute service upon the labor organization.

(e) Determination of question of agency

For the purposes of this section, in determining whether any person is acting as an “agent” of another person so as to make such other person responsible for his acts, the question of whether the specific acts performed were actually authorized or subsequently ratified shall not be controlling.

Source credit: (June 23, 1947, ch. 120, title III, § 301, 61 Stat. 156.)

history & why it existsrecord from the source credit
  • 1947Enacted · Act of June 23, 1947, ch. 120 · 61 Stat. 156

A history note hasn’t been published yet. The record shows enactment by ch. 120 on 1947-06-23.

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