29 U.S.C. § 185 — Suits by and against labor organizations

Page 58 TITLE 29—LABOR § 185 peaceful and just settlement of the dispute. Each such Board shall be composed of such num- ber of individuals as the Director may deem de- sirable. No member appointed under this section shall have any interest or involvement in the health care institutions or the employee organi- zations involved in the dispute. (b) Compensation of members of Boards of In- quiry (1) Members of any board established under this section who are otherwise employed by the Federal Government shall serve without com- pensation but shall be reimbursed for travel, subsistence, and other necessary expenses in- curred by them in carrying out its duties under this section. (2) Members of any board established under this section who are not subject to paragraph (1) shall receive compensation at a rate prescribed by the Director but not to exceed the daily rate prescribed for GS–18 of the General Schedule under section 5332 of title 5, including travel for each day they are engaged in the performance of their duties under this section and shall be enti- tled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out their duties under this section. (c) Maintenance of status quo After the establishment of a board under sub- section (a) of this section and for 15 days after any such board has issued its report, no change in the status quo in effect prior to the expira- tion of the contract in the case of negotiations for a contract renewal, or in effect prior to the time of the impasse in the case of an initial bar- gaining negotiation, except by agreement, shall be made by the parties to the controversy. (d) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the pro- visions of this section. (June 23, 1947, ch. 120, title II, § 213, as added Pub. L. 93–360, § 2, July 26, 1974, 88 Stat. 396.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on thirtieth day after July 26, 1974, see section 4 of Pub. L. 93–360, set out as a note under section 169 of this title. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. SUBCHAPTER IV—LIABILITIES OF AND RE- STRICTIONS ON LABOR AND MANAGE- MENT § 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 dis- trict court of the United States having jurisdic- tion 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 judg- ments Any labor organization which represents em- ployees in an industry affecting commerce as de- fined 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 or- ganization in a district court of the United States shall be enforceable only against the or- ganization as an entity and against its assets, and shall not be enforceable against any indi- vidual 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 organi- zation (1) in the district in which such organiza- tion 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 deter- mining whether any person is acting as an ‘‘agent’’ of another person so as to make such other person responsible for his acts, the ques- tion 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.) Editorial Notes 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 Rela- tions 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 classifica- tion of this act to the Code, see Tables. § 186. Restrictions on financial transactions (a) Payment or lending, etc., of money by em- ployer or agent to employees, representa- tives, or labor organizations It shall be unlawful for any employer or asso- ciation of employers or any person who acts as a labor relations expert, adviser, or consultant