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29 U.S.C. § 109Granting of restraining order or injunction as dependent on previous findings of fact; limitation on prohibitions included in restraining orders and injunctions

submitted 94 years ago by ch. 90 to r/title-29-LABOR · 120 words · no verdicts yet

in plain englishAI-generated · not legal advice

A court needs written findings of fact first. Only then can it issue a restraining order or injunction in a labor dispute. The order can only ban the specific acts named in the complaint and the findings.

This section limits when and how a court can stop someone during a labor dispute. Findings required first. A court can't issue a restraining order or a temporary or permanent injunction in a case involving, or growing out of, a labor dispute unless it first makes findings of fact. The court must write down those findings and file them in the case record before it issues the order or injunction — not after. Order limited to what was asked and found. Any restraining order or injunction the court does grant can only prohibit specific acts. Those acts must be ones that were expressly complained of in the bill of complaint or petition that started the case, and they must also be expressly included in the court's written findings of fact. The court can't reach beyond what was both requested and formally found.
the actual law source: uscode.house.gov ↗public domain

No restraining order or temporary or permanent injunction shall be granted in a case involving or growing out of a labor dispute, except on the basis of findings of fact made and filed by the court in the record of the case prior to the issuance of such restraining order or injunction; and every restraining order or injunction granted in a case involving or growing out of a labor dispute shall include only a prohibition of such specific act or acts as may be expressly complained of in the bill of complaint or petition filed in such case and as shall be expressly included in said findings of fact made and filed by the court as provided in this chapter.

Source credit: (Mar. 23, 1932, ch. 90, § 9, 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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