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

Summary

Federal district courts can hear lawsuits about broken contracts between employers and labor unions that work in industries affecting interstate commerce. These cases can be filed in federal court no matter how much money is at stake and no matter where the parties live. Unions and employers are responsible for what their agents do. A union can sue or be sued as an organization and can act for its members. If a court orders a union to pay money, the order can be collected only from the union itself and its assets, not from individual members. Federal courts have jurisdiction over a union (1) where the union keeps its main office, or (2) in any district where its officers or agents represent members. Giving court papers to an officer or agent in their official role counts as giving them to the union. When deciding if someone was acting as an agent, it does not matter whether the specific acts were later approved or had been formally authorized.

Title 29, §185

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(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.

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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, 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.

§185 Suits by and Against Labor Organizations

Summary

Title 29, §185

Notes & Related Subsidiaries

Editorial Notes

References in Text

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