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29 U.S.C. § 178 — Injunctions during national emergency
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254&num=0&edition=prelim).
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Source file: Laws/federal/codes/united-states-code/title-29/section-178-injunctions-during-national-emergency--ecebe03e9f.md
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Source location: Title 29, Chapter 7, § 178; chapter-007-labor-management-relations.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods:
(1) By writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after rendition of judgment or decree;
(2) By certification at any time by a court of appeals of any question of law in any civil or criminal case as to which instructions are desired, and upon such certification the Supreme Court may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1254
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** There shall be in each circuit a court of appeals, which shall be a court of record, known as the United States Court of Appeals for the circuit.
**(b)** Each court of appeals shall consist of the circuit judges of the circuit in regular active service. The circuit justice and justices or judges designated or assigned shall be competent to sit as judges of the court.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 43
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Federal law — U.S. Code and appendices · legal_authorities
In all cases of contempt arising under the laws of the United States governing the issuance of injunctions or restraining orders in any case involving or growing out of a labor dispute, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and district wherein the contempt shall have been committed.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3692
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Assistance of Service; acceptance of Service’s proposed settlement** Whenever a district court has issued an order under [section 178 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section178&num=0&edition=prelim) enjoining acts or practices which imperil or threaten to imperil the national health or safety, it shall be the duty of the parties to the labor dispute giving rise to such order to make every effort to adjust and settle their differences, with the assistance of the Service created by this chapter. Neither party shall be under any duty to accept, in whole or in part, any proposal of settlement made by the Service.
**(b) Reconvening of board of inquiry; report by board; contents; secret ballot of employees by National Labor Relations Board; certification of results to Attorney General** Upon the issuance of such order, the President shall reconvene the board of inquiry which has previously reported with respect to the dispute. At the end of a sixty-day period (unless the dispute has been settled by that time), the board of inquiry shall report to the President the current position of the parties and the efforts which have been made for settlement, and shall include a statement by each party of its position and a statement of the employer’s last offer of settlement. The President shall make such report available to the public. The National Labor Relations Board, within the succeeding fifteen days, shall take a secret ballot of the employees of each employer involved in the dispute on the question of whether they wish to accept the final offer of settlement made by their employer as stated by him and shall certify the results thereof to the Attorney General within five days thereafter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 179
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Federal law — U.S. Code and appendices · legal_authorities
Page 56
TITLE 29—LABOR
§ 176
Statutory Notes and Related Subsidiaries
SHORT TITLE
For short title of section 6 of Pub. L. 95–524 as the
Labor Management Cooperation Act of 1978, see Short
Title of 1978 Amendment note set out under section 141
of this title.
CONGRESSIONAL STATEMENT OF PURPOSE
Pub. L. 95–524, § 6(b), Oct. 27, 1978, 92 Stat. 2020, pro-
vided that: ‘‘It is the purpose of this section [enacting
this section and amending sections 173 and 186 of this
title]—
‘‘(1) to improve communication between represent-
atives of labor and management;
‘‘(2) to provide workers and employers with oppor-
tunities to study and explore new and innovative
joint approaches to achieving organizational effec-
tiveness;
‘‘(3) to assist workers and employers in solving
problems of mutual concern not susceptible to resolu-
tion within the collective bargaining process;
‘‘(4) to study and explore ways of eliminating po-
tential problems which reduce the competitiveness
and inhibit the economic development of the plant,
area or industry;
‘‘(5) to enhance the involvement of workers in mak-
ing decisions that affect their working lives;
‘‘(6) to expand and improve working relationships
between workers and managers; and
‘‘(7) to encourage free collective bargaining by es-
tablishing continuing mechanisms for communica-
tion between employers and their employees through
Federal assistance to the formation and operation of
labor management committees.’’
APPLICABILITY TO COLLECTIVE BARGAINING
AGREEMENTS
Pub. L. 95–524, § 6(e), Oct. 27, 1978, 92 Stat. 2021, pro-
vided that: ‘‘Nothing in this section or the amendments
made by this section [enacting this section, amending
sections 173 and 186 of this title, and enacting provi-
sions set out as notes under this section]
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 178
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