US (United States) Code. Title 29. Chapter 6: Jurisdiction of Courts in matters affecting employer and employee

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Labor

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-CITE-

29 USC CHAPTER 6 - JURISDICTION OF COURTS IN MATTERS

AFFECTING EMPLOYER AND EMPLOYEE 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 6 - JURISDICTION OF COURTS IN MATTERS AFFECTING EMPLOYER AND

EMPLOYEE

-HEAD-

CHAPTER 6 - JURISDICTION OF COURTS IN MATTERS AFFECTING EMPLOYER

AND EMPLOYEE

-MISC1-

Sec.

101. Issuance of restraining orders and injunctions;

limitation; public policy.

102. Public policy in labor matters declared.

103. Nonenforceability of undertakings in conflict with

public policy; "yellow dog" contracts.

104. Enumeration of specific acts not subject to

restraining orders or injunctions.

105. Doing in concert of certain acts as constituting

unlawful combination or conspiracy subjecting person

to injunctive remedies.

106. Responsibility of officers and members of associations

or their organizations for unlawful acts of

individual officers, members, and agents.

107. Issuance of injunctions in labor disputes; hearing;

findings of court; notice to affected persons;

temporary restraining order; undertakings.

108. Noncompliance with obligations involved in labor

disputes or failure to settle by negotiation or

arbitration as preventing injunctive relief.

109. Granting of restraining order or injunction as

dependent on previous findings of fact; limitation on

prohibitions included in restraining orders and

injunctions.

110. Review by court of appeals of issuance or denial of

temporary injunctions; record.

111, 112. Repealed.

113. Definitions of terms and words used in chapter.

114. Separability.

115. Repeal of conflicting acts.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 160, 178, 186 of this

title; title 18 section 1951; title 42 section 2000e-5; title 49

section 14103.

-End-

-CITE-

29 USC Sec. 101 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 6 - JURISDICTION OF COURTS IN MATTERS AFFECTING EMPLOYER AND

EMPLOYEE

-HEAD-

Sec. 101. Issuance of restraining orders and injunctions;

limitation; public policy

-STATUTE-

No court of the United States, as defined in this chapter, shall

have jurisdiction to issue any restraining order or temporary or

permanent injunction in a case involving or growing out of a labor

dispute, except in a strict conformity with the provisions of this

chapter; nor shall any such restraining order or temporary or

permanent injunction be issued contrary to the public policy

declared in this chapter.

-SOURCE-

(Mar. 23, 1932, ch. 90, Sec. 1, 47 Stat. 70.)

-MISC1-

SHORT TITLE

Act Mar. 23, 1932, ch. 90, 47 Stat. 70, which enacted this

chapter, is popularly known as the "Norris-LaGuardia Act".

-End-

-CITE-

29 USC Sec. 102 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 6 - JURISDICTION OF COURTS IN MATTERS AFFECTING EMPLOYER AND

EMPLOYEE

-HEAD-

Sec. 102. Public policy in labor matters declared

-STATUTE-

In the interpretation of this chapter and in determining the

jurisdiction and authority of the courts of the United States, as

such jurisdiction and authority are defined and limited in this

chapter, the public policy of the United States is declared as

follows:

Whereas under prevailing economic conditions, developed with the

aid of governmental authority for owners of property to organize in

the corporate and other forms of ownership association, the

individual unorganized worker is commonly helpless to exercise

actual liberty of contract and to protect his freedom of labor, and

thereby to obtain acceptable terms and conditions of employment,

wherefore, though he should be free to decline to associate with

his fellows, it is necessary that he have full freedom of

association, self-organization, and designation of representatives

of his own choosing, to negotiate the terms and conditions of his

employment, and that he shall be free from the interference,

restraint, or coercion of employers of labor, or their agents, in

the designation of such representatives or in self-organization or

in other concerted activities for the purpose of collective

bargaining or other mutual aid or protection; therefore, the

following definitions of and limitations upon the jurisdiction and

authority of the courts of the United States are enacted.

-SOURCE-

(Mar. 23, 1932, ch. 90, Sec. 2, 47 Stat. 70.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 103 of this title.

-End-

-CITE-

29 USC Sec. 103 01/06/03

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TITLE 29 - LABOR

CHAPTER 6 - JURISDICTION OF COURTS IN MATTERS AFFECTING EMPLOYER AND

EMPLOYEE

-HEAD-

Sec. 103. Nonenforceability of undertakings in conflict with public

policy; "yellow dog" contracts

-STATUTE-

Any undertaking or promise, such as is described in this section,

or any other undertaking or promise in conflict with the public

policy declared in section 102 of this title, is declared to be

contrary to the public policy of the United States, shall not be

enforceable in any court of the United States and shall not afford

any basis for the granting of legal or equitable relief by any such

court, including specifically the following:

Every undertaking or promise hereafter made, whether written or

oral, express or implied, constituting or contained in any contract

or agreement of hiring or employment between any individual, firm,

company, association, or corporation, and any employee or

prospective employee of the same, whereby

(a) Either party to such contract or agreement undertakes or

promises not to join, become, or remain a member of any labor

organization or of any employer organization; or

(b) Either party to such contract or agreement undertakes or

promises that he will withdraw from an employment relation in the

event that he joins, becomes, or remains a member of any labor

organization or of any employer organization.

-SOURCE-

(Mar. 23, 1932, ch. 90, Sec. 3, 47 Stat. 70.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 104 of this title.

-End-

-CITE-

29 USC Sec. 104 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 6 - JURISDICTION OF COURTS IN MATTERS AFFECTING EMPLOYER AND

EMPLOYEE

-HEAD-

Sec. 104. Enumeration of specific acts not subject to restraining

orders or injunctions

-STATUTE-

No court of the United States shall have jurisdiction to issue

any restraining order or temporary or permanent injunction in any

case involving or growing out of any labor dispute to prohibit any

person or persons participating or interested in such dispute (as

these terms are herein defined) from doing, whether singly or in

concert, any of the following acts:

(a) Ceasing or refusing to perform any work or to remain in any

relation of employment;

(b) Becoming or remaining a member of any labor organization or

of any employer organization, regardless of any such undertaking or

promise as is described in section 103 of this title;

(c) Paying or giving to, or withholding from, any person

participating or interested in such labor dispute, any strike or

unemployment benefits or insurance, or other moneys or things of

value;

(d) By all lawful means aiding any person participating or

interested in any labor dispute who is being proceeded against in,

or is prosecuting, any action or suit in any court of the United

States or of any State;

(e) Giving publicity to the existence of, or the facts involved

in, any labor dispute, whether by advertising, speaking,

patrolling, or by any other method not involving fraud or violence;

(f) Assembling peaceably to act or to organize to act in

promotion of their interests in a labor dispute;

(g) Advising or notifying any person of an intention to do any of

the acts heretofore specified;

(h) Agreeing with other persons to do or not to do any of the

acts heretofore specified; and

(i) Advising, urging, or otherwise causing or inducing without

fraud or violence the acts heretofore specified, regardless of any

such undertaking or promise as is described in section 103 of this

title.

-SOURCE-

(Mar. 23, 1932, ch. 90, Sec. 4, 47 Stat. 70.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 105 of this title.

-End-

-CITE-

29 USC Sec. 105 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 6 - JURISDICTION OF COURTS IN MATTERS AFFECTING EMPLOYER AND

EMPLOYEE

-HEAD-

Sec. 105. Doing in concert of certain acts as constituting unlawful

combination or conspiracy subjecting person to injunctive

remedies

-STATUTE-

No court of the United States shall have jurisdiction to issue a

restraining order or temporary or permanent injunction upon the

ground that any of the persons participating or interested in a

labor dispute constitute or are engaged in an unlawful combination

or conspiracy because of the doing in concert of the acts

enumerated in section 104 of this title.

-SOURCE-

(Mar. 23, 1932, ch. 90, Sec. 5, 47 Stat. 71.)

-End-

-CITE-

29 USC Sec. 106 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 6 - JURISDICTION OF COURTS IN MATTERS AFFECTING EMPLOYER AND

EMPLOYEE

-HEAD-

Sec. 106. Responsibility of officers and members of associations or

their organizations for unlawful acts of individual officers,

members, and agents

-STATUTE-

No officer or member of any association or organization, and no

association or organization participating or interested in a labor

dispute, shall be held responsible or liable in any court of the

United States for the unlawful acts of individual officers,

members, or agents, except upon clear proof of actual participation

in, or actual authorization of, such acts, or of ratification of

such acts after actual knowledge thereof.

-SOURCE-

(Mar. 23, 1932, ch. 90, Sec. 6, 47 Stat. 71.)

-End-

-CITE-

29 USC Sec. 107 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 6 - JURISDICTION OF COURTS IN MATTERS AFFECTING EMPLOYER AND

EMPLOYEE

-HEAD-

Sec. 107. Issuance of injunctions in labor disputes; hearing;

findings of court; notice to affected persons; temporary

restraining order; undertakings

-STATUTE-

No court of the United States shall have jurisdiction to issue a

temporary or permanent injunction in any case involving or growing

out of a labor dispute, as defined in this chapter, except after

hearing the testimony of witnesses in open court (with opportunity

for cross-examination) in support of the allegations of a complaint

made under oath, and testimony in opposition thereto, if offered,

and except after findings of fact by the court, to the effect -

(a) That unlawful acts have been threatened and will be committed

unless restrained or have been committed and will be continued

unless restrained, but no injunction or temporary restraining order

shall be issued on account of any threat or unlawful act excepting

against the person or persons, association, or organization making

the threat or committing the unlawful act or actually authorizing

or ratifying the same after actual knowledge thereof;

(b) That substantial and irreparable injury to complainant's

property will follow;

(c) That as to each item of relief granted greater injury will be

inflicted upon complainant by the denial of relief than will be

inflicted upon defendants by the granting of relief;

(d) That complainant has no adequate remedy at law; and

(e) That the public officers charged with the duty to protect

complainant's property are unable or unwilling to furnish adequate

protection.

Such hearing shall be held after due and personal notice thereof

has been given, in such manner as the court shall direct, to all

known persons against whom relief is sought, and also to the chief

of those public officials of the county and city within which the

unlawful acts have been threatened or committed charged with the

duty to protect complainant's property: Provided, however, That if

a complainant shall also allege that, unless a temporary

restraining order shall be issued without notice, a substantial and

irreparable injury to complainant's property will be unavoidable,

such a temporary restraining order may be issued upon testimony

under oath, sufficient, if sustained, to justify the court in

issuing a temporary injunction upon a hearing after notice. Such a

temporary restraining order shall be effective for no longer than

five days and shall become void at the expiration of said five

days. No temporary restraining order or temporary injunction shall

be issued except on condition that complainant shall first file an

undertaking with adequate security in an amount to be fixed by the

court sufficient to recompense those enjoined for any loss,

expense, or damage caused by the improvident or erroneous issuance

of such order or injunction, including all reasonable costs

(together with a reasonable attorney's fee) and expense of defense

against the order or against the granting of any injunctive relief

sought in the same proceeding and subsequently denied by the court.

The undertaking mentioned in this section shall be understood to

signify an agreement entered into by the complainant and the surety

upon which a decree may be rendered in the same suit or proceeding

against said complainant and surety, upon a hearing to assess

damages of which hearing complainant and surety shall have

reasonable notice, the said complainant and surety submitting

themselves to the jurisdiction of the court for that purpose. But

nothing in this section contained shall deprive any party having a

claim or cause of action under or upon such undertaking from

electing to pursue his ordinary remedy by suit at law or in equity.

-SOURCE-

(Mar. 23, 1932, ch. 90, Sec. 7, 47 Stat. 71.)

-End-

-CITE-

29 USC Sec. 108 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 6 - JURISDICTION OF COURTS IN MATTERS AFFECTING EMPLOYER AND

EMPLOYEE

-HEAD-

Sec. 108. Noncompliance with obligations involved in labor disputes

or failure to settle by negotiation or arbitration as preventing

injunctive relief

-STATUTE-

No restraining order or injunctive relief shall be granted to any

complainant who has failed to comply with any obligation imposed by

law which is involved in the labor dispute in question, or who has

failed to make every reasonable effort to settle such dispute

either by negotiation or with the aid of any available governmental

machinery of mediation or voluntary arbitration.

-SOURCE-

(Mar. 23, 1932, ch. 90, Sec. 8, 47 Stat. 72.)

-End-

-CITE-

29 USC Sec. 109 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 6 - JURISDICTION OF COURTS IN MATTERS AFFECTING EMPLOYER AND

EMPLOYEE

-HEAD-

Sec. 109. Granting of restraining order or injunction as dependent

on previous findings of fact; limitation on prohibitions included

in restraining orders and injunctions

-STATUTE-

No restraining order or temporary or permanent injunction shall

be granted in a case involving or growing out of a labor dispute,

except on the basis of findings of fact made and filed by the court

in the record of the case prior to the issuance of such restraining

order or injunction; and every restraining order or injunction

granted in a case involving or growing out of a labor dispute shall

include only a prohibition of such specific act or acts as may be

expressly complained of in the bill of complaint or petition filed

in such case and as shall be expressly included in said findings of

fact made and filed by the court as provided in this chapter.

-SOURCE-

(Mar. 23, 1932, ch. 90, Sec. 9, 47 Stat. 72.)

-End-

-CITE-

29 USC Sec. 110 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 6 - JURISDICTION OF COURTS IN MATTERS AFFECTING EMPLOYER AND

EMPLOYEE

-HEAD-

Sec. 110. Review by court of appeals of issuance or denial of

temporary injunctions; record

-STATUTE-

Whenever any court of the United States shall issue or deny any

temporary injunction in a case involving or growing out of a labor

dispute, the court shall, upon the request of any party to the

proceedings and on his filing the usual bond for costs, forthwith

certify as in ordinary cases the record of the case to the court of

appeals for its review. Upon the filing of such record in the court

of appeals, the appeal shall be heard and the temporary injunctive

order affirmed, modified, or set aside expeditiously.

-SOURCE-

(Mar. 23, 1932, ch. 90, Sec. 10, 47 Stat. 72; June 25, 1948, ch.

646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63

Stat. 107; Pub. L. 98-620, title IV, Sec. 402(30), Nov. 8, 1984, 98

Stat. 3359.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-620 substituted "expeditiously" for "with the

greatest possible expedition, giving the proceedings precedence

over all other matters except older matters of the same character".

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, as amended by act May 24,

1949, substituted "court of appeals" for "circuit court of

appeals".

-MISC2-

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note

under section 1657 of Title 28, Judiciary and Judicial Procedure.

-End-

-CITE-

29 USC Secs. 111, 112 01/06/03

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TITLE 29 - LABOR

CHAPTER 6 - JURISDICTION OF COURTS IN MATTERS AFFECTING EMPLOYER AND

EMPLOYEE

-HEAD-

Secs. 111, 112. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat.

862, eff. Sept. 1, 1948

-MISC1-

Section 111, act Mar. 23, 1932, ch. 90, Sec. 11, 47 Stat. 72,

related to contempts, speedy and public trial, and jury. See

section 3692 of Title 18, Crimes and Criminal Procedure.

Section 112, act Mar. 23, 1932, ch. 90, Sec. 12, 47 Stat. 73,

related to contempts and demand for retirement of sitting judge.

See rule 42 of the Federal Rules of Criminal Procedure, set out in

the Appendix to Title 18.

-End-

-CITE-

29 USC Sec. 113 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 6 - JURISDICTION OF COURTS IN MATTERS AFFECTING EMPLOYER AND

EMPLOYEE

-HEAD-

Sec. 113. Definitions of terms and words used in chapter

-STATUTE-

When used in this chapter, and for the purposes of this chapter -

(a) A case shall be held to involve or to grow out of a labor

dispute when the case involves persons who are engaged in the same

industry, trade, craft, or occupation; or have direct or indirect

interests therein; or who are employees of the same employer; or

who are members of the same or an affiliated organization of

employers or employees; whether such dispute is (1) between one or

more employers or associations of employers and one or more

employees or associations of employees; (2) between one or more

employers or associations of employers and one or more employers or

associations of employers; or (3) between one or more employees or

associations of employees and one or more employees or associations

of employees; or when the case involves any conflicting or

competing interests in a "labor dispute" (as defined in this

section) of "persons participating or interested" therein (as

defined in this section).

(b) A person or association shall be held to be a person

participating or interested in a labor dispute if relief is sought

against him or it, and if he or it is engaged in the same industry,

trade, craft, or occupation in which such dispute occurs, or has a

direct or indirect interest therein, or is a member, officer, or

agent of any association composed in whole or in part of employers

or employees engaged in such industry, trade, craft, or occupation.

(c) The term "labor dispute" includes any controversy concerning

terms or conditions of employment, or concerning the association or

representation of persons in negotiating, fixing, maintaining,

changing, or seeking to arrange terms or conditions of employment,

regardless of whether or not the disputants stand in the proximate

relation of employer and employee.

(d) The term "court of the United States" means any court of the

United States whose jurisdiction has been or may be conferred or

defined or limited by Act of Congress, including the courts of the

District of Columbia.

-SOURCE-

(Mar. 23, 1932, ch. 90, Sec. 13, 47 Stat. 73.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 sections 37, 2280, 2281.

-End-

-CITE-

29 USC Sec. 114 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 6 - JURISDICTION OF COURTS IN MATTERS AFFECTING EMPLOYER AND

EMPLOYEE

-HEAD-

Sec. 114. Separability

-STATUTE-

If any provision of this chapter or the application thereof to

any person or circumstance is held unconstitutional or otherwise

invalid, the remaining provisions of this chapter and the

application of such provisions to other persons or circumstances

shall not be affected thereby.

-SOURCE-

(Mar. 23, 1932, ch. 90, Sec. 14, 47 Stat. 73.)

-End-

-CITE-

29 USC Sec. 115 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 6 - JURISDICTION OF COURTS IN MATTERS AFFECTING EMPLOYER AND

EMPLOYEE

-HEAD-

Sec. 115. Repeal of conflicting acts

-STATUTE-

All acts and parts of acts in conflict with the provisions of

this chapter are repealed.

-SOURCE-

(Mar. 23, 1932, ch. 90, Sec. 15, 47 Stat. 73.)

-End-