§ 178. — Injunctions during national emergency.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC178]
TITLE 29--LABOR
CHAPTER 7--LABOR-MANAGEMENT RELATIONS
SUBCHAPTER III--CONCILIATION OF LABOR DISPUTES; NATIONAL EMERGENCIES
Sec. 178. Injunctions during national emergency
(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.
(June 23, 1947, ch. 120, title II, Sec. 208, 61 Stat. 155; June 25,
1948, ch. 646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch. 139,
Sec. 127, 63 Stat. 107.)
References in Text
Chapter 6 (Sec. 101 et seq.) of this title, referred to in subsec.
(b), is a reference to act Mar. 23, 1932, ch. 90, 47 Stat. 70, popularly
known as the Norris-LaGuardia Act.
Codification
In subsec. (c), ``court of appeals'' substituted for ``circuit court
of appeals'' on authority of act June 25, 1948, as amended by act May
24, 1949. The words ``United States'' immediately preceding ``Court of
appeals'' were inserted on authority of section 43 of Title 28,
Judiciary and Judicial Procedure.
In subsec. (c), ``section 1254 of title 28'' substituted for
``sections 239 and 240 of the Judicial Code, as amended (U.S.C. title
28, secs. 346 and 347)'' on authority of act June 25, 1948, ch. 646, 62
Stat. 869, section 1 of which enacted Title 28, Judiciary and Judicial
Procedure.
Section Referred to in Other Sections
This section is referred to in section 179 of this title.
