include provision for the promotion and development of employment opportunities for handicapped persons and for job counseling and placement of such persons, and for the designation of at least one person in each State or Federal employment office, whose duties shall include the effectuation of such purposes. In those States where a State board, department, or agency exists which is charged with the administration of State laws for vocational rehabilitation of physically handicapped persons, such plans shall include provision for cooperation between such board, department, or agency and the agency designated to cooperate with the United States Employment Service under such sections. If such plans are in conformity with the provisions of such sections and reasonably appropriate and adequate to carry out its purposes, they shall be approved by the Secretary and due notice of such approval shall be given to the State agency. (June 6, 1933, ch. 49, § 8, 48 Stat. 115; 1939 Reorg. Plan No. I, §§ 201, 203, eff. July 1, 1939, 4 F. R. 2728, 53 Stat. 1424; 1946 Reorg. Plan No. 2, § 4, eff. July 16, 1946, 11 F. R. 7873, 60 Stat. 1095; 1949 Reorg. Plan No. 2, § 1, eff. Aug. 20, 1949, 14 F. R. 5225, 63 Stat. 1065; Aug. 3, 1954, ch. 655, § 6 (b), 68 Stat. 655.)

REFERENCES IN TEXT

Section 338 of Title 39, referred to in the text, was repealed by Pub. L. 86-682, § 12(c), Sept. 2, 1960, 74 Stat. 708, and is now covered by section 4152 of Title 39, The Postal Service.

AMENDMENTS

1954 Act Aug. 3, 1954, included provisions relating to the promotion and development of employment opportunities and for job counseling and placement of handicapped persons.

EFFECTIVE DATE OF 1954 AMENDMENT Amendment of section by act Aug. 3, 1954, effective July 1, 1954, see note under section 31 of this title.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of Labor and functions of all agencies and employees of that Department were, with the exception of the functions vested by the Administrative Procedure Act (section 1001 et seq. of Title 5, Executive Departments and Government Officers and Employees) in hearing examiners employed by the Department, transferred to the Secretary of Labor, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 6, §§ 1, 2, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 611 of Title 5, Executive Departments and Government Officers and Employees.

The United States Employment Service was transferred to the Department of Labor, and the functions of the Federal Security Administrator were transferred to See the Secretary of Labor by 1949 Reorg. Plan No. 2. note set out under section 49 of this title.

References to the director of the United States Employment Service were changed to Social Security Board and then to Federal Security Administrator by the 1939 and 1946 Reorg. Plans. See notes under section 49 of this title.

CROSS REFERENCES

Transfer of Federal property to States, see section 49c-1 of this title.

§ 49h. Reports by State agencies; revocation of certificates to Treasury.

Each State agency cooperating with the United States Employment Service under sections 49-49c, 49d, 49g, 49h, 49j, and 49k of this title and section 338 of Title 39 shall make such reports concerning

its operations and expenditures as shall be prescribed by the Secretary of Labor. It shall be the duty of the Secretary to ascertain whether the system of public employment offices maintained in each State is conducted in accordance with the rules and regulations and the standards of efficiency prescribed by the Secretary in accordance with the provisions of said sections. The Secretary may revoke any existing certificates or withhold any further certificate provided for in section 49f of this title, whenever he shall determine, as to any State, that the cooperating State agency has not properly expended the moneys paid to it or the moneys herein required to be appropriated by such State, in accordance with plans approved under sections 49— 49c, 49d, 49g, 49h, 49j, and 49k of this title and section 338 of Title 39. Before any such certificate shall be revoked or withheld from any State, the Secretary shall give notice in writing to the State agency stating specifically wherein the State has failed to comply with such plans. (June 6, 1933, ch. 49, § 9, 48 Stat. 116; 1939 Reorg. Plan No. I, §§ 201, 203, eff. July 1, 1939, 4 F. R. 2728, 53 Stat. 1424; 1946 Reorg. Plan No. 2, § 4, eff. July 16, 1946, 11 F. R. 7873, 60 Stat. 1095; 1949 Reorg. Plan No. 2, § 1, eff. Aug. 20, 1949, 14 F. R. 5225, 63 Stat. 1065.)

REFERENCES IN TEXT

Section 338 of Title 39, referred to in the text, was repealed by Pub. L. 86-682, § 12(c), Sept. 2, 1960, 74 Stat. 708, and is now covered by section 4152 of Title 39, The Postal Service.

Section 49f of this title, referred to in the text, was repealed by act Sept. 8, 1950, ch. 933, § 3, 64 Stat. 823.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of Labor and functions of all agencies and employees of that Department were, with the exception of the functions vested by the Administrative Procedure Act (section 1001 et seq. of Title 5, Executive Departments and Government Officers and Employees) in hearing examiners employed by the Department, transferred to the Secretary of Labor, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 6, §§ 1, 2, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 611 of Title 5, Executive Departments and Government Officers and Employees.

The United States Employment Service was transferred to the Department of Labor, and the functions of the Federal Security Administrator were transferred to the Secretary of Labor by 1949 Reorg. Plan No. 2. See note set out under section 49 of this title.

References to the director of the United States Employment Service were changed to Social Security Board and then to Federal Security Administrator, and last sentence of this section, which provided for appeal to the Federal Security Administrator from the action of the Social Security Board was omitted, on the authority of the 1939 and 1946 Reorg. Plans. See notes under section 49 of this title.

§ 491. Expenditures authorized before adoption of State systems; time limit.

CODIFICATION

Section, act June 6, 1933, ch. 49, § 10, 48 Stat. 116, limited expenditures in States prior to adoption of State systems, to the current fiscal year and two fiscal years thereafter.

§ 49j. Federal Advisory Council; establishment and composition; State Advisory Councils; notice of strikes and lockouts to applicants.

(a) The Secretary of Labor shall establish a Federal Advisory Council composed of men and women

representing employers and employees in equal numbers and the public for the purpose of formulating policies and discussing problems relating to employment and insuring impartiality, neutrality, and freedom from political influence in the solution of such problems. Members of such council shall be selected from time to time in such manner as the Secretary shall prescribe and shall serve without compensation, but when attending meetings of the council they shall be allowed necessary traveling and subsistence expenses, or per diem allowance in lieu thereof, within the limitations prescribed by law for civilian employees in the executive branch of the Government. The council shall have access to all files and records of the United States Employment Service. The Secretary shall also require the organization of similar State advisory councils composed of men and women representing employers and employees in equal numbers and the public.

(b) In carrying out the provisions of sections 4949c, 49d, 49g, 49h, 49j, and 49k of this title and section 338 of Title 39, the Secretary is authorized and directed to provide for the giving of notice of strikes or lockouts to applicants before they are referred to employment. (June 6, 1933, ch. 49, § 11, 48 Stat. 116; 1939 Reorg. Plan No. I, §§ 201, 203, eff. July 1, 1939, 4 F. R. 2728, 53 Stat. 1424; 1946 Reorg. Plan No. 2, § 4, eff. July 16, 1946, 11 F. R. 7873, 60 Stat. 1095; 1949 Reorg. Plan No. 2, §§ 1, 3 eff. Aug. 20, 1949, 14 F. R. 5225, 63 Stat. 1065.)

REFERENCES IN TEXT

Section 338 of Title 39, referred to in the text, was repealed by Pub. L. 86-682, § 12 (c), Sept. 2, 1960, 74 Stat. 708, and is now covered by section 4152 of Title 39, The Postal Service.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of Labor and functions of all agencies and employees of that Department were, with the exception of the functions vested by the Administrative Procedure Act (section 1001 et seq. of Title 5, Executive Departments and Government Officers and Employees) in hearing examiners employed by the Department, transferred to the Secretary of Labor, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 6, §§ 1, 2, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 611 of Title 5, Executive Departments and Government Officers and Employees.

TRANSFER OF FUNCTIONS; ADDITIONAL DUTIES OF COUNCIL The Council was transferred to the Department of Labor and given in addition to its duties under this section authority to advise the Secretary of Labor and the Director of Bureau of Employment Security with respect to the administration and coordination of functions under sections 49-49n of this title by 1949 Reorg. Plan No. 2, § 3. See note set out under section 1332-15 of Title 5, Executive Departments and Government Officers and Employees. The United States Employment Service was transferred to the Department of Labor and functions of Federal Security Administrator were transferred to Secretary of Labor by said 1949 Reorg. Plan No. 2, § 1. See note set out under section 49 of this title. References to the director of the United States Employment Service were changed to Social Security Board and then to Federal Security Administrator by the 1939 and 1946 Reorg. Plans. See notes under section 49 of this title.

§ 49k. Rules and regulations.

The Secretary of Labor is authorized to make such rules and regulations as may be necessary to

carry out the provisions of sections 49-49c, 49d, 49g, 49h, 49j, and 49k of this title and section 338 of Title 39. (June 6, 1933, ch. 49, § 12, 48 Stat. 117; 1939 Reorg. Plan No. I, §§ 201, 203, eff. July 1, 1939, 4 F. R. 2728, 53 Stat. 1424; 1946 Reorg. Plan No. 2, § 4, eff. July 16, 1946, 11 F. R. 7873, 60 Stat. 1095; 1949 Reorg. Plan No. 2, § 1, eff. Aug. 20, 1949, 14 F. R. 5225, 63 Stat. 1065.)

REFERENCES IN TEXT

Section 338 of Title 39, referred to in the text, was repealed by Pub. L. 86-682, § 12(c), Sept. 2, 1960, 74 Stat. 708, and is now covered by section 4152 of Title 39, The Postal Service.

TRANSFER OF FUNCTIONS

Functions of Federal Security Administrator were transferred to Secretary of Labor by 1949 Reorg. Plan No. 2. See note set out under section 49 of this title.

Reference to the director of the United States Employment Service was changed to Social Security Board and then to Federal Security Administrator, and a provision for approval of the Federal Security Administrator was omitted, on the authority of 1939 and 1946 Reorg. Plans. See notes under section 49 of this title.

S$ 491-49n. Omitted.

CODIFICATION

Section 491, act June 6, 1933, ch. 49, § 13, 48 Stat. 117, relating to mail franking privileges to employment systems, was set out as section 338 of Title 39, The Postal Service, prior to its repeal. See section 4152 of Title 39.

Section 49m, Pub. L. 88-136, title I, § 101, 77 Stat. 225, Oct. 11, 1963, relating to payments to states for administrative expenses for their unemployment compensation law and their public employment offices, was from the Department of Labor Appropriation Act, 1964, and was not repeated in the Department of Labor Appropriation Act of 1965.

Section 49n, Pub L. 88-136, title I, § 101, 77 Stat. 226, Oct. 11, 1963, relating to personnel standards, was from the Department of Labor Appropriation Act, 1964, and was not repeated in the Department of Labor Appropriation Act of 1965.

SIMILAR PROVISIONS

Provisions similar to section 49m were contained in the following prior appropriation acts: 1962-Aug. 14, 1962, Pub. L. 87-582, title I, § 101, 76 Stat. 363.

1961-Sept. 22, 1961, Pub. L. 87-290, title I, § 101, 75 Stat. 591.

1960-Sept. 2, 1960, Pub. L. 86-703, title I, § 101, 74 Stat. 757.

1959-Aug. 14, 1959, Pub. L. 86-158, title I, § 101, 73 Stat. 341.

1958 Aug. 1, 1958, Pub. L. 85-580, title I, § 101, 72 Stat. 458.

1955-June 29, 1956, ch. 437, title I, § 101, 69 Stat. 398. 1954-July 2, 1954, ch. 457, title I, § 101, 68 Stat. 435. 1953-July 31, 1953, ch. 296, title I, § 101, 67 Stat. 246. 1952-July 5, 1952, ch. 575, title I, § 101, 66 Stat. 369. 1951-Aug. 31, 1951, ch. 373, title I, § 101, 65 Stat. 210. 1950-Sept. 6, 1950, ch. 896, ch. V, title I, § 101, 64 Stat. 643.

1949-June 29, 1949, ch. 275, title II, § 201, 63 Stat. 284. 1948-June 16, 1948, ch. 472, title I, § 101, 62 Stat. 445. Provisions similar to section 49n were contained in the following prior appropriation acts:

1962-Aug. 14, 1962, Pub. L. 87-582, title I, § 101, 76 Stat. 363.

1961 Sept. 22, 1961, Pub. L. 87-290, title I, § 101, 75 Stat. 591.

1960-Sept. 2, 1960, Pub. L. 86-703, title I, § 101, 74 Stat. 757.

1959-Aug. 14, 1959, Pub. L. 86-158, title I, § 101, 73 Stat. 341.

1958-Aug. 1, 1958, Pub. L. 85-580, title I, § 101, 72 Stat. 458.

1957-June 29, 1957, Pub. L. 85-67, title I, § 101, 71 Stat. 212.

1956-June 29, 1956, ch. 477, title I, § 101, 70 Stat. 424, 425.

1955-Aug. 1, 1955, ch. 437, title I, § 101, 69 Stat. 398. 1954 July 2, 1654, ch. 457, title I, § 101, 68 Stat. 435. 1953-July 31, 1953, ch. 296, title I, § 101, 67 Stat. 246. 1952-July 5, 1952, ch. 575, title I, § 101, 63 Stat. 359. 1951-Aug. 31, 1951, ch. 273, title I, § 101, 65 Stat. 210. 1950-Sept. 6, 1950, ch. 896, ch. V, title I, § 101, 64 Stat.

643.

1949 June 29, 1949, ch. 275, title II, § 201, 63 Stat. 284. 1948 June 16, 1948, ch. 472, title I, § 101, 62 Stat. 445. 1947-July 8, 1947, ch. 210, title I, § 101, 61 Stat. 263. 1946 July 26, 1946, ch. 672, title I, § 101, 60 Stat. 685.

Bec. 50.

Chapter 4C.-APPRENTICE LABOR

Promotion of labor standards of apprenticeship. 50a. Publication of information; national advisory committees.

50b. Appointment of employees.

§ 50. Promotion of labor standards of apprenticeship. The Secretary of Labor is authorized and directed to formulate and promote the furtherance of labor standards necessary to safeguard the welfare of apprentices, to extend the application of such standards by encouraging the inclusion thereof in contracts of apprenticeship, to bring together employers and labor for the formulation of programs of apprenticeship, to cooperate with State agencies engaged in the formulation and promotion of standards of apprenticeship, and to cooperate with the Office of Education under the Department of Health, Education, and Welfare in accordance with section 17 of Title 20. (Aug. 16, 1937, ch. 663, § 1, 50 Stat. 664; 1939 Reorg. Plan No. I, §§ 201, 204, 206, eff. July 1, 1939, 4 F. R. 2728, 53 Stat. 1424; July 12, 1943, ch. 221, title VII, § 701, 57 Stat. 518; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.)

CODIFICATION

Words "with the National Youth Administration" were deleted from text in view of abolition of National Youth Administration by act July 12, 1943.

TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out as a note under section 623 of Title 5, Executive Departments and Government Officers and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

1939 Reorg. Plan No. I, consolidated the National Youth Administration and the Office of Education, with other agencies, into the Federal Security Agency under supervision and direction of Federal Security Administrator.

§ 50a. Publication of information; national advisory committees.

The Secretary of Labor may publish information relating to existing and proposed labor standards of apprenticeship, and may appoint national advisory committees to serve without compensation. Such committees shall include representatives of employers, representatives of labor, educators, and officers of other executive departments, with the consent of the

head of any such department. (July 13, 1937, ch. 663, § 2, 50 Stat. 665.)

§ 50b. Appointment of employees.

The Secretary of Labor is authorized to appoint such employees as he may from time to time find necessary for the administration of this section and section 50a of this title, with regard to existing laws applicable to the appointment and compensation of employees of the United States. (Aug. 16, 1937, ch. 663, § 3, 50 Stat. 665; July 12, 1943, ch. 221, title VII, § 701, 57 Stat. 518.)

Section, act Mar. 4, 1913, ch. 141, § 8, 37 Stat. 738, has been omitted from the Code, as all powers and functions vested by it in the Secretary of Labor were transferred to the Federal Mediation and Conciliation Service, an independent agency, by section 172 (d) of this title.

§ 52. Statutory restriction of injunctive relief.

No restraining order or injunction shall be granted by any court of the United States, or a judge or the judges thereof, in any case between an employer and employees, or between employers and employees, or between employees, or between persons employed and persons seeking employment, involving, or growing out of, a dispute concerning terms or conditions of employment, unless necessary to prevent irreparable injury to property, or to a property right, of the party making the application, for which injury there is no adequate remedy at law, and such property or property right must be described with particularity in the application, which must be in writing and sworn to by the applicant or by his agent or attorney.

And no such restraining order or injunction shall prohibit any person or persons, whether singly or in concert, from terminating any relation of employment, or from ceasing to perform any work or labor, or from recommending, advising, or persuading others by peaceful means so to do; or from attending at any place where any such person or persons may lawfully be, for the purpose of peacefully obtaining or communicating information, or from peacefully persuading any person to work or to abstain from working; or from ceasing to patronize or to employ any party to such dispute, or from recommending, advising, or persuading others by peaceful and lawful means so to do; or from paying or giving to, or withholding from, any person engaged in such dispute, any strike benefits or other moneys or things of

value; or from peaceably assembling in a lawful manner, and for lawful purposes; or from doing any act or thing which might lawfully be done in the absence of such dispute by any party thereto; nor shall any of the acts specified in this paragraph be considered or held to be violations of any law of the United States. (Oct. 15, 1914, ch. 323, § 20, 38 Stat. 738.)

CROSS REFERENCES Applicability of this section and section 53 of this title to the insurance business, see sections 1011-1015 of Title 15, Commerce and Trade.

District courts to have jurisdiction to issue writs of injunction to compel compliance or restrain violation of an order of Interstate Commerce Commission, see sections 1336, 2321 et seq. of Title 28, Judiciary and Judicial Procedure.

Jurisdiction of courts in matters affecting employer and employee, see sections 101 et seq. of this title. Transporting strikebreakers, penalty, see section 1231 of Title 18, Crimes and Criminal Procedure.

FEDERAL RULES OF CIVIL PROCEDURE

Injunctions, see rule 65, Title 28, Appendix, Judiciary and Judicial Procedure.

§ 53. "Person" or "persons" defined.

The word "person" or "persons" wherever used in section 52 of this title shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country. (Oct. 15, 1914, ch. 323, § 1, 38 Stat. 730.)

FEDERAL RULES OF CIVIL PROCEDURE Injunctions, see rule 65, Title 28, Appendix, Judiciary and Judicial Procedure.

in a case involving or growing out of a labor dispute, except in a strict conformity with the provisions of this chapter; nor shall any such restraining order or temporary or permanent injunction be issued contrary to the public policy declared in this chapter. (Mar. 23, 1932, ch. 90, § 1, 47 Stat. 70.)

SHORT TITLE

This chapter is popularly known as the NorrisLaGuardia Act.

CROSS REFERENCES

Civil actions for prevention of unlawful employment practices, provisions of this chapter not applicable to, see section 2000e-5(h) of Title 42, The Public Health and Welfare.

Labor-Management Relations, see chapter 7 of this title. Orders of National Labor Relations Board, see section 160 of this title.

Public policy, see section 102 of this title. Strikes subject to injunction, inapplicability of this chapter, see section 178 of this title.

FEDERAL RULES OF CIVIL PROCEDURE Injunctions, see rule 65, Title 28, Appendix, Judiciary and Judicial Procedure.

§ 102. Public policy in labor matters declared.

In the interpretation of this chapter and in determining the jurisdiction and authority of the courts of the United States, as such jurisdiction and authority are defined and limited in this chapter, the public policy of the United States is declared as follows:

Whereas under prevailing economic conditions, developed with the aid of governmental authority for owners of property to organize in the corporate and other forms of ownership association, the individual unorganized worker is commonly helpless to exercise actual 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 coercion 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 limitations upon the jurisdiction and authority of the courts of the United States are enacted. (Mar. 23, 1932, ch. 90, § 2, 47 Stat. 70.)

§ 103. Nonenforceability of undertakings in conflict with public policy; "yellow dog" contracts. 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 102 of this title, is declared 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 contract or agreement of

hiring or employment between any individual, firm, company, association, or corporation, and any employee 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 organization 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 organization or of any employer organization. (Mar. 23, 1932, ch. 90, § 3, 47 Stat. 70.)

§ 104. Enumeration of specific acts not subject to restraining orders or injunctions.

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 prohibit any person or persons participating or interested in such dispute (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 undertaking or promise as is described in section 103 of this title;

(c) Paying or giving to, or withholding from, any person participating or interested in such labor dispute any strike or unemployment benefits or insurance, or other moneys or things of value;

(d) By all lawful means aiding any person participating or interested 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 promotion 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 103 of this title. (Mar. 23, 1932, ch. 90, § 4, 47 Stat. 70.)

§ 105. Doing in concert of certain acts as constituting unlawful combination or conspiracy subjecting person to injunctive remedies.

No court of the United States shall have jurisdiction to issue a restraining order or temporary or permanent injunction upon the ground that any of the persons participating or interested in a labor dispute constitute or are engaged in an unlawful combination or conspiracy because of the doing in concert of the acts enumerated in section 104 of this title. (Mar. 23, 1932, ch. 90, § 5, 47 Stat. 71.)

§ 106. Responsibility of officers and members of associations or their organizations for unlawful acts of individual officers, members, and agents. No officer or member of any association or organization, and no association or organization participating or interested in a labor dispute, shall be held responsible or liable in any court of the United States for the unlawful acts of individual officers, members, or agents, except upon clear proof of actual participation in, or actual authorization of, such acts, or of ratification of such acts after actual knowledge thereof. (Mar. 23, 1932, ch. 90, §. 6, 47 Stat. 71.)

§ 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