Action by or against unincorporated organization

44-811. Action by or against unincorporated organization. An action or suit may be maintained by or against any unincorporated labor organization in its commonly used name. All process, pleadings, and other papers in such action may be served on the president or other officer, business agent, manager or person in charge of the business of such labor organization. Judgment in such action may be enforced against the common property only, of such labor organization. History: L. 1943, ch. 191, § 10; May 1. Law Review and Bar Journal References: Remedies under right-to-work law, 31 J.B.A.K. 208, 215 (1932). CASE ANNOTATIONS 1. No state jurisdiction where National Labor Relations Board has jurisdiction; unfair labor practice. Local Lodge No. 774 v. Cessna Aircraft Co., 185 Kan. 183, 184, 341 P.2d 989. 2. State courts may compel arbitration under bargaining agreement made under federal law. Local Lodge v. Cessna Aircraft Co., 186 Kan. 569, 575, 352 P.2d 420. 3. Section has no particular relation to mandamus. Topeka Bldg. & Construction Trades Council v. Leahy, 187 Kan. 112, 113, 114, 353 P.2d 641. 4. Discussed; subsections (3), (12) and (13) of K.S.A. 44-809 held unconstitutional. Stapleton v. Mitchell, 60 F. Supp. 51, 52, 53, 56, 60. 5. Referred to in determining professional employees' association authority to sue and be sued under collective negotiations act (K.S.A. 72-5413). Seaman Dist. Teachers' Ass'n v. Board of Education, 217 Kan. 233, 244, 535 P.2d 889. 6. Trades council as unincorporated association of labor organizations properly allowed as intervenor. Andersen Construction Co. v. City of Topeka, 228 Kan. 73, 76, 81, 612 P.2d 595. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026