29 U.S.C. § 107 — Issuance of injunctions in labor disputes; hearing; findings of court; notice to affected persons; temporary restraining order; undertakings

submitted 94 years ago by ch. 90 to r/title-29-LABOR · 566 words · no verdicts yet

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Federal courts can't issue an injunction in a labor dispute without a full hearing first. The court must find five specific facts, like real injury and no adequate legal remedy. A short emergency order can issue without notice, but lasts only five days and needs a bond.

This section limits when a federal court can block union activity during a labor dispute. Normally, a court cannot issue a temporary or permanent injunction in a labor dispute case unless it first holds a hearing in open court, where witnesses testify under oath and can be cross-examined, both for and against the claims in a sworn complaint. The court must also make findings of fact showing: (a) unlawful acts have been threatened and will happen unless stopped, or have already happened and will continue unless stopped — but the injunction can only be issued against the specific person, group, or organization that made the threat or committed the act, or that actually approved it afterward knowing about it; (b) the complaining party's property will suffer serious, irreparable harm; (c) each piece of relief granted would cause the complaining party more harm if denied than it would cause the defendants if granted; (d) the complaining party has no adequate remedy at law (no other good legal fix); and (e) the public officers whose job is to protect the complaining party's property are unable or unwilling to give adequate protection. This hearing needs proper, personal notice given in whatever way the court directs, sent to everyone known to be a target of the requested order, and to the local police chief responsible for protecting the complaining party's property. There's one exception: if the complaint also says that without an immediate order, serious and irreparable harm to the property can't be avoided, the court can issue a temporary restraining order without notice, based on sworn testimony strong enough to justify a later injunction after a real hearing. That temporary order can only last five days; it automatically expires after that. No temporary restraining order or injunction can be issued unless the person asking for it first files a bond with the court, with enough security (as the court sets the amount) to cover any loss, expense, or damage — including reasonable legal costs and a reasonable attorney's fee — caused to the people who were wrongly or mistakenly enjoined, if the order later turns out to have been improper. This bond is an agreement between the complaining party and their surety (guarantor); a court can later decide, at a hearing where both sides get reasonable notice, how much money the enjoined party is owed, and both the complaining party and the surety agree to let the court decide that. Nothing here stops anyone with a claim based on the bond from instead suing separately at law or in equity.

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

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 credit: (Mar. 23, 1932, ch. 90, § 7, 47 Stat. 71.)

history & why it existsrecord from the source credit

1932Enacted · Act of Mar. 23, 1932, ch. 90 · 47 Stat. 71

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

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