§185 — Title 29 Labor | U.S. Code

Summary

Lets people sue over contract breaks between employers and labor unions that work in industries affecting commerce in any federal district court that can hear the case. The money involved or where the parties live does not stop the case. Labor unions and employers are responsible for what their agents do. A union can sue or be sued as the union and for the workers it represents. Money judgments can only be taken from the union itself and its assets, not from individual members. A federal court has authority over a union where its main office is or where its officers or agents act for members. Serving legal papers on an officer or agent in their union role counts as serving the union. When deciding if someone is an agent, courts will not rely only on whether their acts were specifically approved before or after.

Title 29, §185

Labor — Source: USLM XML via OLRC

(a)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)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)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)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)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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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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