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29 U.S.C. § 178Injunctions during national emergency

submitted 79 years ago by ch. 120 to r/title-29-LABOR · 205 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the President ask a court to stop a strike or lockout. The court can act if the strike hurts national trade and threatens public health or safety. Higher courts can review the court's order.

(a) Petition to district court by Attorney General on direction of President. After a board of inquiry reports on a labor dispute, the President may order the Attorney General to ask a U.S. district court to stop — or "enjoin" — the strike or lockout. The court can issue this order if it finds two things: (i) the strike or lockout affects an entire industry, or a large part of one, involved in trade, transportation, or communication between states or with other countries, or in producing goods for that trade; and (ii) if the strike or lockout continues, it will endanger the nation's health or safety. If both are true, the court has the power to stop the strike or lockout, and to issue any other order it thinks is appropriate. (b) Inapplicability of chapter 6. In a case like this, the rules in chapter 6 of this title do not apply. (c) Review of orders. A court of appeals, or the Supreme Court through a writ of certiorari or certification under section 1254 of title 28, can review the district court's order or orders.
the actual law source: uscode.house.gov ↗public domain
(a) Petition to district court by Attorney General on direction of President

Upon receiving a report from a board of inquiry the President may direct the Attorney General to petition any district court of the United States having jurisdiction of the parties to enjoin such strike or lock-out or the continuing thereof, and if the court finds that such threatened or actual strike or lock-out—

(i)

affects an entire industry or a substantial part thereof engaged in trade, commerce, transportation, transmission, or communication among the several States or with foreign nations, or engaged in the production of goods for commerce; and

(ii)

if permitted to occur or to continue, will imperil the national health or safety, it shall have jurisdiction to enjoin any such strike or lockout, or the continuing thereof, and to make such other orders as may be appropriate.

(b) Inapplicability of chapter 6

In any case, the provisions of chapter 6 of this title shall not be applicable.

(c) Review of orders

The order or orders of the court shall be subject to review by the appropriate United States court of appeals and by the Supreme Court upon writ of certiorari or certification as provided in section 1254 of title 28.

Source credit: (June 23, 1947, ch. 120, title II, § 208, 61 Stat. 155; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107.)

history & why it existsrecord from the source credit
  • 1947Enacted · Act of June 23, 1947, ch. 120 · 61 Stat. 155
  • 1948Amended · Act of June 25, 1948, ch. 646 · 62 Stat. 991
  • 1949Amended · Act of May 24, 1949, ch. 139 · 63 Stat. 107

A history note hasn’t been published yet. The record shows enactment by ch. 120 on 1947-06-23.

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