§ 185. — Suits by and against labor organizations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC185]
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
(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.
(June 23, 1947, ch. 120, title III, Sec. 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 (Sec. 171
et seq.) and IV (Sec. 185 et seq.) of this chapter. For complete
classification of this act to the Code, see Tables.
Section Referred to in Other Sections
This section is referred to in section 187 of this title; title 42
section 2297h-8.
