29 U.S.C. § 113 — Definitions of terms and words used in

Page 33 TITLE 29—LABOR § 115 1 So in original. Probably should be followed by a period. volving or growing out of a labor dispute, except on the basis of findings of fact made and filed by the court in the record of the case prior to the issuance of such restraining order or injunction; and every restraining order or injunction grant- ed in a case involving or growing out of a labor dispute shall include only a prohibition of such specific act or acts as may be expressly com- plained of in the bill of complaint or petition filed in such case and as shall be expressly in- cluded in said findings of fact made and filed by the court as provided in this chapter. (Mar. 23, 1932, ch. 90, § 9, 47 Stat. 72.) § 110. Review by court of appeals of issuance or denial of temporary injunctions; record Whenever any court of the United States shall issue or deny any temporary injunction in a case involving or growing out of a labor dispute, the court shall, upon the request of any party to the proceedings and on his filing the usual bond for costs, forthwith certify as in ordinary cases the record of the case to the court of appeals for its review. Upon the filing of such record in the court of appeals, the appeal shall be heard and the temporary injunctive order affirmed, modi- fied, or set aside expeditiously 1 (Mar. 23, 1932, ch. 90, § 10, 47 Stat. 72; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Pub. L. 98–620, title IV, § 402(30), Nov. 8, 1984, 98 Stat. 3359.) Editorial Notes AMENDMENTS 1984—Pub. L. 98–620 substituted ‘‘expeditiously’’ for ‘‘with the greatest possible expedition, giving the pro- ceedings precedence over all other matters except older matters of the same character.’’ Statutory Notes and Related Subsidiaries CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, as amended by act May 24, 1949, substituted ‘‘court of appeals’’ for ‘‘circuit court of appeals’’. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as a note under section 1657 of Title 28, Judici- ary and Judicial Procedure. §§ 111, 112. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948 Section 111, act Mar. 23, 1932, ch. 90, § 11, 47 Stat. 72, related to contempts, speedy and public trial, and jury. See section 3692 of Title 18, Crimes and Criminal Proce- dure. Section 112, act Mar. 23, 1932, ch. 90, § 12, 47 Stat. 73, related to contempts and demand for retirement of sit- ting judge. See rule 42 of the Federal Rules of Criminal Procedure, set out in the Appendix to Title 18. § 113. Definitions of terms and words used in chapter When used in this chapter, and for the pur- poses of this chapter— (a) A case shall be held to involve or to grow out of a labor dispute when the case involves persons who are engaged in the same industry, trade, craft, or occupation; or have direct or in- direct interests therein; or who are employees of the same employer; or who are members of the same or an affiliated organization of employers or employees; whether such dispute is (1) be- tween one or more employers or associations of employers and one or more employees or asso- ciations of employees; (2) between one or more employers or associations of employers and one or more employers or associations of employers; or (3) between one or more employees or associa- tions of employees and one or more employees or associations of employees; or when the case involves any conflicting or competing interests in a ‘‘labor dispute’’ (as defined in this section) of ‘‘persons participating or interested’’ therein (as defined in this section). (b) A person or association shall be held to be a person participating or interested in a labor dispute if relief is sought against him or it, and if he or it is engaged in the same industry, trade, craft, or occupation in which such dispute occurs, or has a direct or indirect interest there- in, or is a member, officer, or agent of any asso- ciation composed in whole or in part of employ- ers or employees engaged in such industry, trade, craft, or occupation. (c) The term ‘‘labor dispute’’ includes any con- troversy concerning terms or conditions of em- ployment, or concerning the association or rep- resentation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether or not the disputants stand in the proximate relation of employer and employee. (d) The term ‘‘court of the United States’’ means any court of the United States whose ju- risdiction has been or may be conferred or de- fined or limited by Act of Congress, including the courts of the District of Columbia. (Mar. 23, 1932, ch. 90, § 13, 47 Stat. 73.) § 114. Separability If any provision of this chapter or the applica- tion thereof to any person or circumstance is held unconstitutional or otherwise invalid, the remaining provisions of this chapter and the ap- plication of such provisions to other persons or circumstances shall not be affected thereby. (Mar. 23, 1932, ch. 90, § 14, 47 Stat. 73.) § 115. Repeal of conflicting acts All acts and parts of acts in conflict with the provisions of this chapter are repealed. (Mar. 23, 1932, ch. 90, § 15, 47 Stat. 73.) CHAPTER 7—LABOR-MANAGEMENT RELATIONS SUBCHAPTER I—GENERAL PROVISIONS Sec. 141. Short title; Congressional declaration of pur- pose and policy. 142. Definitions. 143. Saving provisions. 144. Separability. SUBCHAPTER II—NATIONAL LABOR RELATIONS 151. Findings and declaration of policy.