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THE NORRIS-LA GUARDIA (ANTI-INJUNCTION)
Act of March 23, 1932, 47 Stat. 70; 62 Stat. 991 (1948); 63 Stat. 107 (1949) 29 U.S.C. 88 101-15; F.C.A. 29 88 101-15
Summary and Description The Anti-Injunction Act declares it to be a public policy that the worker shall have full freedom of association, self-organization, and designation of representatives of his own choosing to negotiate the terms and conditions of his employment, free from employer interference in these or other concerted activities for mutual aid or protection.
The act defines and limits the powers of the Federal courts to issue injunctions in labor disputes, in conformity with this policy.
Employment contracts whereby a worker agrees not to join a union, or to resign if he is a union member (yellow-dog contracts), are declared contrary to public policy and unenforceable in Federal courts.
WHEN INJUNCTIONS MAY NOT BE ISSUED
No Federal court may issue an injunction, temporary or permanent, in any case involving or growing out of a labor dispute, to prohibit any individual worker or group of workers acting in concert from doing any of the following acts, except as modified by the LaborManagement Relations Act.
1. Ceasing or refusing to work.
3. Aiding or refusing to aid financially or by other lawful means any person participating in or interested in a labor dispute.
4. Giving publicity to the existence of or the facts involved in any labor dispute whether by advertising, speaking, patrolling, or by any other method not involving fraud or violence.
5. Assembling peaceably to act or to organize to act in promotion of their interests in a labor dispute.
6. Advising or notifying any person of intent to do any of the above, agreeing or refusing to do any of the above, or inducing others to do any of the above acts, without fraud or violence. The act defines a labor dispute as any dispute over terms and conditions of employment or matters of employee representation in collective bargaining, even though the persons involved are not in the relation of employer and employee.
WHEN INJUNCTIONS MAY BE ISSUED
Escept as otherwise indicated below, a Federal court may issue a temporary or permanent injunction in cases involving or growing out of a labor dispute only after hearing the testimony of witnesses in open court with opportunity for cross-examination. Such hearings shall be held only after personal notice to all known persons involved including the public officers responsible for protecting the complainant's property. The court must also find that:
1. Unlawful acts have been threatened and will be committed unless restrained or have been committed and will be continued unless restrained;
2. Substantial and irreparable property damage will follow;
3. Greater injury will result to the complainant from denying the injunction than to the defendant from granting it;
4. The complainant has no adequate remedy at law;
5. Public officers are unable or unwilling to furnish adequate protection;
6. The complainant has complied with every legal obligation involved in the dispute and has made every reasonable effort to settle the dispute by negotiation or with the aid of available gov
ernmental machinery. The injunction or temporary restraining order may be issued only against the person or persons, association, or organization making the threat or committing the unlawful act or actually authorizing or ratifying the act. Exception
Under special circumstances a Federal court may issue a temporary restraining order for a maximum of 5 days without an open court hearing, on the basis of sworn testimony sufficient to sustain a temporary injunction issued on hearing after notice, and on condition that the complainant posts a bond.
ISSUANCE OF INJUNCTIONS IN SPECIAL CASES
Temporary or permanent injunctions may be issued by Federal courts without regard to the above provisions of the act, even though a labor dispute may exist, in the following instances: (1) Where an injunction is properly sought by the National Labor Relations Board pending the determination of an unfair labor practice proceeding, (2) in cases where the Board seeks to enforce an order issued by it or an aggrieved party desires to contest the Board's order, or (3) where, in the case of a threatened or actual strike affecting an industry engaged in interstate commerce which would imperil the national health or safety, the Attorney General of the United States requests an injunction. The act does not affect the jurisdiction of Federal courts to issue injunctions in labor disputes between the United States and its employees.