Labor - 29 USC Section 107

01/19/04

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.

Last modified: April 16, 2006