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29 U.S.C. § 108Noncompliance with obligations involved in labor disputes or failure to settle by negotiation or arbitration as preventing injunctive relief

submitted 94 years ago by ch. 90 to r/title-29-LABOR · 62 words · no verdicts yet

in plain englishAI-generated · not legal advice

A complainant in a labor dispute must have followed their own legal duties. If they didn't, a court won't grant them a restraining order or injunction. The complainant must also have genuinely tried to settle the dispute, through negotiation, mediation, or voluntary arbitration.

This section stops certain people from getting court help in labor disputes. If you're part of a labor dispute and you ask a court for a restraining order or an injunction, the court can refuse you in two situations. First, the court will refuse if you failed to comply with any obligation imposed by law that's connected to the dispute. In other words, if you broke a legal duty tied to the dispute, you can't then ask a court to stop the other side. Second, the court will refuse if you didn't make every reasonable effort to settle the dispute. You have to have genuinely tried to resolve it — either through direct negotiation with the other side, or by using available government tools like mediation or voluntary arbitration. Simply refusing to talk, or skipping available settlement help, is enough to lose the right to injunctive relief under this rule.
the actual law source: uscode.house.gov ↗public domain

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 credit: (Mar. 23, 1932, ch. 90, § 8, 47 Stat. 72.)

history & why it existsrecord from the source credit
  • 1932Enacted · Act of Mar. 23, 1932, ch. 90 · 47 Stat. 72

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

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