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Page:United States Statutes at Large Volume 61 Part 1.djvu/181

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61 STAT.] 80TH CONG., 1ST SESS.-CH. 120 -JUNE 23, 1947 whose activities affect commerce as defined in this Act 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 organi- zation, 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 rati- fied shall not be controlling. 157 Jurisdiction of dis- trict courts. Service of summons upon agent, etc. RESTRICTIONS ON PAYMENTS TO EMPLOYEE REPRESENTATIVES SEC. 302. (a) It shall be unlawful for any employer to pay or Payment, etc. , by deliver, or to agree to pay or deliver, any money or other thing of empye value to any representative of any of his employees who are employed in an industry affecting commerce. (b) It shall be unlawful for any representative of any employees Acceptance, etc. ,by who are employed in an industry affecting commerce to receive or representative. accept, or to agree to receive or accept, from the employer of such employees any money or other thing of value. (c) The provisions of this section shall not be applicable (1) with Nonapplicability of respect to any money or other thing of value payable by an employer s e ct to any representative who is an employee or former employee of such employer, as compensation for, or by reason of, his services as an employee of such employer; (2) with respect to the payment or delivery of any money or other thing of value in satisfaction of a judgment of any court or a decision or award of an arbitrator or impartial chair- man or in compromise, adjustment, settlement or release of any claim, complaint, grievance, or dispute in the absence of fraud or duress; (3) with respect to the sale or purchase of an article or commodity at the prevailing market price in the regular course of business; (4) with respect to money deducted from the wages of employees in pay- ment of membership dues in a labor organization: Provided, That the Written assignment employer has received from each employee, on whose account such om employee. deductions are made, a written assignment which shall not be irrevo- cable for a period of more than one year, or beyond the termination date of the applicable collective agreement, whichever occurs sooner; or (5) with respect to money or other thing of value paid to a trust fund established by such representative, for the sole and exclusive benefit of the employees of such employer, and their families and dependents (or of such employees, families, and dependents jointly with the employees of other employers making similar payments, and their families and dependents): Provided, That (A) such payments raymf ent eld in are held in trust for the purpose of paying, either from principal employeemetc. or income or both, for the benefit of employees, their families and dependents, for medical or hospital care, pensions on retirement or