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29 U.S.C. § 52Statutory restriction of injunctive relief

submitted 112 years ago by ch. 323 to r/title-29-LABOR · 313 words · no verdicts yet

in plain englishAI-generated · not legal advice

Federal courts cannot issue restraining orders or injunctions in labor disputes unless needed to stop irreparable harm to property with no other legal remedy. Even then, courts cannot block peaceful strikes, picketing, boycotts, strike payments, or lawful assembly. None of these peaceful actions count as violating federal law.

No federal court, judge, or judges can issue a restraining order or injunction in a case between an employer and employees (or employers and employees, or between employees, or between people employed and people seeking work) that involves or comes from a dispute over job terms or conditions — unless it's necessary to stop irreparable injury to property or a property right belonging to the person asking for the order, and there is no other adequate legal remedy. The applicant must describe that property or property right specifically, in a written, sworn application. Even when a court can act, no such order can stop people, alone or together, from: quitting a job or work; advising or peacefully persuading others to quit; peacefully gathering somewhere they're allowed to be, to share or get information; peacefully persuading someone to work or not to work; stopping business with, or employment of, either side in the dispute, or advising others to do the same; giving or withholding strike benefits, money, or anything of value to someone involved in the dispute; peacefully and lawfully assembling for lawful purposes; or doing anything that would be legal to do if there were no dispute at all. None of these listed actions can be treated as violating any U.S. law.
the actual law source: uscode.house.gov ↗public domain

No restraining order or injunction shall be granted by any court of the United States, or a judge or the judges thereof, in any case between an employer and employees, or between employers and employees, or between employees, or between persons employed and persons seeking employment, involving, or growing out of, a dispute concerning terms or conditions of employment, unless necessary to prevent irreparable injury to property, or to a property right, of the party making the application, for which injury there is no adequate remedy at law, and such property or property right must be described with particularity in the application, which must be in writing and sworn to by the applicant or by his agent or attorney.

And no such restraining order or injunction shall prohibit any person or persons, whether singly or in concert, from terminating any relation of employment, or from ceasing to perform any work or labor, or from recommending, advising, or persuading others by peaceful means so to do; or from attending at any place where any such person or persons may lawfully be, for the purpose of peacefully obtaining or communicating information, or from peacefully persuading any person to work or to abstain from working; or from ceasing to patronize or to employ any party to such dispute, or from recommending, advising, or persuading others by peaceful and lawful means so to do; or from paying or giving to, or withholding from, any person engaged in such dispute, any strike benefits or other moneys or things of value; or from peaceably assembling in a lawful manner, and for lawful purposes; or from doing any act or thing which might lawfully be done in the absence of such dispute by any party thereto; nor shall any of the acts specified in this paragraph be considered or held to be violations of any law of the United States.

Source credit: (Oct. 15, 1914, ch. 323, § 20, 38 Stat. 738.)

history & why it existsrecord from the source credit
  • 1914Enacted · Act of Oct. 15, 1914, ch. 323 · 38 Stat. 738

A history note hasn’t been published yet. The record shows enactment by ch. 323 on 1914-10-15.

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