Section 725. Enforcement of fiduciary obligations  


Latest version.
  • 1. Where an officer or
      agent of a labor organization has violated or is violating  any  of  his
      obligations  provided  in  sections  seven  hundred twenty-two and seven
      hundred  twenty-three,  such   labor   organization   and   the   parent
      organization  of  such  labor  organization shall each have the right to
      bring an action or proceeding in any court of competent jurisdiction for
      legal or equitable relief to redress such violation of  obligation.  Any
      member  of  such  labor  organization shall have the right to bring such
      action or proceeding if (a) after request by any member that such action
      or proceeding be brought, such organization shall fail to do so, or  (b)
      such  request  would  be  futile, or (c) such organization has failed to
      prosecute diligently any such action or proceeding which it has brought.
        2. If any such action or proceeding is determined  in  favor  of  such
      organization  or  any  such  member, the court may award, in addition to
      other  costs  authorized  by  law,  reasonable   attorneys'   fees   and
      disbursements  out of any moneys awarded or funds or assets recovered in
      such action or proceeding.
        3. Any employer, employer organization, labor relations consultant, or
      other person who knowingly participated in or induced any conduct or act
      which violates any of the obligations of an officer or agent of a  labor
      organization  provided  in  sections  seven hundred twenty-two and seven
      hundred twenty-three, shall be  subject  to  the  same  liabilities  and
      judicial remedies as such officer or agent, including but not limited to
      joint  and  several  liability with such officer or agent for any losses
      suffered by the labor organization, or any member thereof, as  a  result
      of  any such violation of obligation, and joint and several liability to
      pay over to such labor organization or such member any gains or  profits
      made as a result of such knowing participation or inducement.
        4.  Each  wilful  and  knowing  violation  of any of the provisions of
      sections seven hundred twenty-three or seven hundred twenty-four of this
      article shall constitute a misdemeanor, punishable by  imprisonment  for
      not  more  than  one  year,  or  by a fine of not more than one thousand
      dollars, or by both.