1932 Labor Act: Protecting Workers' Rights to Organize and Bargain, Study notes of Public Policy

Download 1932 Labor Act: Protecting Workers' Rights to Organize and Bargain and more Study notes Public Policy in PDF only on Docsity! 1 ACT OF MARCH 23, 1932 [Popular Name: ‘‘Norris-LaGuardia Act’’] [Chapter 90 of the 72nd Congress, 47 Stat. 70] [As Amended Through P.L. 98–620, Enacted November 8, 1984] øCurrency: This publication is a compilation of the text of Chapter 90 of the 72nd Congress. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/¿ øNote: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).¿ AN ACT To amend the Judicial Code and to define and limit the jurisdiction of courts sitting in equity, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no court of the United States, as herein defined, shall have jurisdiction to issue any restraining order or temporary or permanent injunction in a case involving or growing out of a labor dispute, except in a strict conformity with the provisions of this Act; nor shall any such restraining order or temporary or permanent injunction be issued contrary to the public policy declared in this Act. ø29 U.S.C. 101¿ Enacted March 23, 1932, ch. 90, sec. 1, 47 Stat. 70. SEC. 2. In the interpretation of this Act and in determining the jurisdiction and authority of the courts of the United States, as such jurisdiction and authority are herein defined and limited, the public policy of the United States is hereby declared as follows: Whereas under prevailing economic conditions, developed with the aid of governmental authority for owners of property to orga- nize in the corporate and other forms of ownership association, the individual unorganized worker is commonly helpless to exercise ac- tual liberty of contract and to protect his freedom of labor, and thereby to obtain acceptable terms and conditions of employment, wherefore, though he should be free to decline to associate with his fellows, it is necessary that he have full freedom of association, self-organization, and designation of representatives of his own choosing, to negotiate the terms and conditions of his employment, and that he shall be free from the interference, restraint, or coer- cion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection; therefore, the following definitions of, and limita- VerDate Mar 15 2010 13:54 Feb 21, 2020 Jkt 000000 PO 00000 Frm 00001 Fmt 9001 Sfmt 9001 G:\COMP\LABORI\AOM21.BEL HOLC February 21, 2020 G:\COMP\LABORI\ACT OF MARCH 23, 1932.XML As Amended Through P.L. 98-620, Enacted November 8, 1984 2 Sec. 3 ACT OF MARCH 23, 1932 tions upon, the jurisdiction and authority of the courts of the United States are hereby enacted. ø29 U.S.C. 102¿ Enacted March 23, 1932, ch. 90, sec. 2, 47 Stat. 70. SEC. 3. Any undertaking or promise, such as is described in this section, or any other undertaking or promise in conflict with the public policy declared in section 2 of this Act, is hereby de- clared to be contrary to the public policy of the United States, shall not be enforceable in any court of the United States and shall not afford any basis for the granting of legal or equitable relief by any such court, including specifically the following: Every undertaking or promise hereafter made, whether written or oral, express or implied, constituting or contained in any con- tract or agreement of hiring or employment between any indi- vidual, firm, company, association, or corporation, and any em- ployee or prospective employee of the same, whereby (a) Either party to such contract or agreement undertakes or promises not to join, become, or remain a member of any labor or- ganization or of any employer organization; or (b) Either party to such contract or agreement undertakes or promises that he will withdraw from an employment relation in the event that he joins, becomes, or remains a member of any labor or- ganization or of any employer organization. ø29 U.S.C. 103¿ Enacted March 23, 1932, ch. 90, sec. 3, 47 Stat. 70. SEC. 4. No court of the United States shall have jurisdiction to issue any restraining order or temporary or permanent injunction in any case involving or growing out of any labor dispute to pro- hibit any person or persons participating or interested in such dis- pute (as these terms are herein defined) from doing, whether singly or in concert, any of the following acts: (a) Ceasing or refusing to perform any work or to remain in any relation of employment; (b) Becoming or remaining a member of any labor organization or of any employer organization, regardless of any such under- taking or promise as is described in section 3 of this Act; (c) Paying or giving to, or withholding from, any person partici- pating or interested in such labor dispute, any strike or unemploy- ment benefits or insurance, or other moneys or things of value; (d) By all lawful means aiding any person participating or in- terested in any labor dispute who is being proceeded against in, or is prosecuting, any action or suit in any court of the United States or of any State; (e) 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; (f) Assembling peaceably to act or to organize to act in pro- motion of their interests in a labor dispute; (g) Advising or notifying any person of an intention to do any of the acts heretofore specified; (h) Agreeing with other persons to do or not to do any of the acts heretofore specified; and (i) Advising, urging, or otherwise causing or inducing without fraud or violence the acts heretofore specified, regardless of any such undertaking or promise as is described in section 3 of this Act. VerDate Mar 15 2010 13:54 Feb 21, 2020 Jkt 000000 PO 00000 Frm 00002 Fmt 9001 Sfmt 9001 G:\COMP\LABORI\AOM21.BEL HOLC February 21, 2020 G:\COMP\LABORI\ACT OF MARCH 23, 1932.XML As Amended Through P.L. 98-620, Enacted November 8, 1984