§ 107. — Issuance of injunctions in labor disputes; hearing; findings of court; notice to affected persons; temporary restraining order; undertakings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC107]
TITLE 29--LABOR
CHAPTER 6--JURISDICTION OF COURTS IN MATTERS AFFECTING EMPLOYER AND
EMPLOYEE
Sec. 107. Issuance of injunctions in labor disputes; hearing;
findings of court; notice to affected persons; temporary
restraining order; undertakings
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.
(Mar. 23, 1932, ch. 90, Sec. 7, 47 Stat. 71.)