29 U.S.C. § 103 — Nonenforceability of undertakings in conflict with public policy; “yellow dog” contracts

submitted 94 years ago by ch. 90 to r/title-29-LABOR · 188 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section makes "yellow dog" contracts unenforceable in federal court. Any promise, written or unwritten, where a worker agrees not to join a union — or agrees to quit if they do — cannot be enforced, and courts cannot grant relief based on it.

This section is not split by top-level letters, but it has a main rule and two examples labeled (a) and (b). Main rule: any promise or undertaking described in this section — or any other kind that conflicts with the labor policy declared in section 102 — is against U.S. public policy. Courts cannot enforce it, and courts cannot use it as a basis to grant legal or equitable relief. This specifically includes any promise, spoken or written, express or implied, that is part of a hiring or employment contract between an employer and an employee or future employee, where: (a) either side promises not to join or stay in a labor organization or an employer organization; or (b) either side promises to leave the job if they join or stay in a labor organization or employer organization.

the actual law source: uscode.house.gov ↗public domain

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 credit: (Mar. 23, 1932, ch. 90, § 3, 47 Stat. 70.)

history & why it existsrecord from the source credit

1932Enacted · Act of Mar. 23, 1932, ch. 90 · 47 Stat. 70

A history note hasn’t been published yet. The record shows enactment by ch. 90 on 1932-03-23.

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