2013 US Code
Title 29 - Labor
Chapter 7 - LABOR-MANAGEMENT RELATIONS (§§ 141 - 197)
Subchapter IV - LIABILITIES OF AND RESTRICTIONS ON LABOR AND MANAGEMENT (§§ 185 - 188)
Section 185 - Suits by and against labor organizations
|Publication Title||United States Code, 2012 Edition, Supplement 1, Title 29 - LABOR|
|Category||Bills and Statutes|
|Collection||United States Code|
|SuDoc Class Number||Y 1.2/5:|
|Contained Within||Title 29 - LABOR |
CHAPTER 7 - LABOR-MANAGEMENT RELATIONS
SUBCHAPTER IV - LIABILITIES OF AND RESTRICTIONS ON LABOR AND MANAGEMENT
Sec. 185 - Suits by and against labor organizations
|Laws in Effect as of Date||January 16, 2014|
|Source Credit||June 23, 1947, ch. 120, title III, §301, 61 Stat. 156.|
|Statutes at Large References||61 Stat. 156, 136|
§185. Suits by and against labor organizations
(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.
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.
(June 23, 1947, ch. 120, title III, §301, 61 Stat. 156.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a) and (b), was in the original "this Act" meaning act June 23, 1947, ch. 120, 61 Stat. 136, as amended, known as the Labor Management Relations Act, 1947, which is classified principally to this subchapter and subchapters III (§171 et seq.) and IV (§185 et seq.) of this chapter. For complete classification of this act to the Code, see Tables.
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