29 U.S.C. § 523

Retention of rights under other Federal and State laws

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(a) Except as explicitly provided to the contrary, nothing in this chapter shall reduce or limit the responsibilities of any labor organization or any officer, agent, shop steward, or other representative of a labor organization, or of any trust in which a labor organization is interested, under any other Federal law or under the laws of any State, and, except as explicitly provided to the contrary, nothing in this chapter shall take away any right or bar any remedy to which members of a labor organization are entitled under such other Federal law or law of any State.(b) Nothing contained in this chapter and section 186(a)–(c) of this title shall be construed to supersede or impair or otherwise affect the provisions of the Railway Labor Act, as amended [45 U.S.C. 151 et seq.], or any of the obligations, rights, benefits, privileges, or immunities of any carrier, employee, organization, representative, or person subject thereto; nor shall anything contained in this chapter be construed to confer any rights, privileges, immunities, or defenses upon employers, or to impair or otherwise affect the rights of any person under the National Labor Relations Act, as amended [29 U.S.C. 151 et seq.].(Pub. L. 86–257, title VI, § 603, Sept. 14, 1959, 73 Stat. 540.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 86–257, Sept. 14, 1959, 73 Stat. 519, known as the Labor-Management Reporting and Disclosure Act of 1959, which enacted this chapter, amended sections 153, 158, 159, 160, 164, 186, and 187 of this title, and enacted provisions set out as notes under sections 153, 158, and 481 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 401 of this title and Tables.

The phrase “this chapter and section 186(a)–(c) of this title”, referred to in subsec. (b), was in original “titles I, II, III, IV, V, or VI of this Act”. The phrase “this chapter” later appearing in subsec. (b), was in original “said titles (except section 505) of this Act”. Original text reference, in both instances, includes those sections of the Act which are classified principally to this chapter. For complete classification of such titles to the Code, see Tables.

The Railway Labor Act, referred to in subsec. (b), is act May 20, 1926, ch. 347, 44 Stat. 577, which is classified principally to chapter 8 (§ 151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.

The National Labor Relations Act, referred to in subsec. (b), is act July 5, 1935, ch. 372, 49 Stat. 452, which is classified generally to subchapter II (§ 151 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 167 of this title and Tables.

Notes of Decisions

Cited in 37 cases (3 in the last 5 years), 1963–2021 · leading case: Casumpang v. ILWU, LOCAL 142

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Casumpang v. ILWU, LOCAL 142 (2000) haw · cites it 6× “1998) (citing 29 U.S.C. § 523 , see infra note 13). Indeed, "Congress expressly provided two broad anti-preemption provisions in the LMRDA in response to objections initially raised by then Sen.”

Brown v. Hotel & Restaurant Employees & Bartenders International Union Local 54 (1984) scotus · cites it 2× “[10] Section 603(a), as set forth in 29 U. S. C. § 523 (a), provides: "Except as explicitly provided to the contrary, nothing in this chapter shall reduce or limit the responsibilities of any labor organization or any officer.”

Guidry v. Sheet Metal Workers National Pension Fund (1990) scotus “Section 603(a), 29 U. S. C. § 523 (a) (1982 ed.), provides that “except as explicitly provided to the contrary, nothing in this Act shall take away any right or bar any remedy to which members of a labor organization are entitled under [any] other Federal law or law of any State.”

Amalgamated Ass'n of Street, Electric Railway & Motor Coach Employees of America v. Lockridge (1971) scotus “540 , 29 U. S. C. § 523 (a) (emphasis added). If this were not clarity enough, Congress also provided in Title I, the “bill of rights”: “Nothing contained in this title shall limit the rights and remedies of any member of a labor organization under any State or Federal law or…”

Raymond Garcia v. Seiu (2021) ca9 “The clause allows Garcia to bring a state law breach of fiduciary duty claim, which he did, but as explained below, his claim requires interpretation of a § 301 labor contract, triggering § 301 preemption. Finally, § 466 provides that the LMRDA’s “rights and remedies” concerning…”

International Longshoremen's Ass'n v. Waterfront Commission of New York Harbor (1980) nysd · cites it 3× “In fact, the similarity in the regulations “is surely evidence that Congress does not view such a restriction as incompatible with its labor policies.” Id. at 156, 80 S.Ct. at 1152 .”

Air Florida, Inc. v. National Mediation Board (1982) flsd · cites it 2× “The LMRDA, 29 U.S.C. § 523 (b), provides: Nothing contained in this chapter and section 186(a-c) of this title shall be construed to supersede or impair or otherwise affect the provisions of the Railway Labor Act, as amended, or any of the obligations, rights, benefits,…”

Gilbert v. Hoisting & Portable Engineers, Local Union No. 701 (1964) or · cites it 2× “" [5] Section 603 (a) of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 USC § 523 a) provides as follows: "Except as explicitly provided to the contrary, nothing in this chapter shall reduce or limit the responsibilities of any labor organization or any officer,…”

Horne v. District Council 16 International Union of Painters & Allied Trades (2015) calctapp · cites it 2× “” ( 29 U.S.C. § 523 (a).) District Council 16 argues that this is a situation “explicitly provided to the contrary” for purposes of express preemption because Home was expressly prohibited by Section 504(a) from employment as a union organizer.”

R. J. Adamszewski v. Local Lodge 1487, International Association of MacHinists and Aerospaceworkers, Afl-Cio (1974) ca7 · cites it 2× “In addition, 29 U.S.C. § 523 (b) provides that nothing in sections 401-531 of Title 29 shall supersede or impair the provisions of the Railway Labor Act or the National Labor Relations Act or the rights conferred thereby.”

Vitullo v. International Brotherhood of Electrical Workers, Local 206 (2003) mont “§ 523 (a), provides: Except as explicitly provided to the contrary, nothing in this chapter shall reduce or limit the responsibilities of any labor organization or any officer, agent, shop steward, or other representative of a labor organization, or of any trust in which a labor…”

Safe Workers' Organization, Chapter No. 2 v. Ballinger (1974) ohsd · cites it 2× “While no reported case has yet held that § 501 does not reach suits by a labor organization against its officers, no reason appears why this should not be so.”

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— 29 U.S.C. § 523(a) — 2 cases

CLARKE VS. SERV. EMPLOYEES INT'L UNION C/W 81166 (2021) nev

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