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Injunctions issued in labor disputes
§ 807. Injunctions issued in labor disputes. 1. No court nor any judge
or judges thereof shall have jurisdiction to issue any restraining order
or a temporary or permanent injunction in any case involving or growing
out of a labor dispute, as hereinafter defined, except after a hearing,
and except after findings of all the following facts by the court or
judge or judges thereof to be filed in the record of the case:

(a) That unlawful acts have or a breach of any contract not contrary
to public policy has been threatened or committed and that such acts or
breach will be executed or continued unless restrained;

(b) That substantial and irreparable injury to complainant's property
will follow unless the relief requested is granted;

(c) That as to each item of relief granted greater injury will be
inflicted upon complainant by the denial thereof than will be inflicted
upon defendants by the granting thereof;

(d) That complainant has no adequate remedy at law;

(e) That the public officers charged with the duty to protect
complainant's property have failed or are unable to furnish adequate
protection; and

(f) That no item of relief granted prohibits directly or indirectly
any person or persons from doing, whether singly or in concert, any of
the following acts:

(1) Ceasing or refusing to perform any work or to remain in any
relation of employment;

(2) Becoming or remaining a member of any labor organization or of any
employer organization, regardless of any agreement, undertaking or

(3) Paying or giving to, or withholding from, any person any strike or
unemployment benefits or insurance or other moneys or things of value;

(4) By all lawful means aiding any person who is being proceeded
against in, or is prosecuting any action or suit in any court of the
United States or of any state;

(5) Giving publicity to and obtaining or communicating information
regarding the existence of, or the facts involved in, any dispute,
whether by advertising, speaking, picketing, patrolling any public
street or any place where any person or persons may lawfully be, or by
any other method not involving fraud, violence or breach of the peace;

(6) Ceasing to patronize or to employ any person or persons;

(7) Assembling peaceably to do or to organize to do any of the acts
heretofore specified or to promote lawful interests;

(8) Advising or notifying any person or persons of any intention to do
any of the acts heretofore specified;

(9) Agreeing with other persons to do or not to do any of the acts
heretofore specified;

(10) Advising, urging or inducing without fraud, violence or threat
thereof, others to do the acts heretofore specified;

(11) Doing in concert of any or all of the acts heretofore specified
on the ground that the persons engaged therein constitute an unlawful
combination or conspiracy or on any other grounds whatsoever.

2. Such hearings shall be held only after a verified complaint
specifying in detail the time, place and the nature of the acts
complained of and the names of the persons alleged to have committed the
same or participated therein have been served and after due and personal
notice, in such manner as the court shall direct, has been given to all
known persons against whom relief is sought and also to the public
officers charged with the duty to protect the complainant's property.
The hearing shall consist of the taking of testimony in open court with
opportunity for cross-examination and testimony in opposition thereto,
if offered, and no affidavits shall be received in support of any of the
allegations of the complaint.

Provided, however, that a court or a judge thereof may issue a
restraining order without requiring a verified bill of particulars and
only upon such notice as to the court or judge appears adequate to
afford an opportunity to those who are to be affected by such
restraining order to appear in opposition to the application therefor,
if each of the following conditions is met:

(a) There is a labor dispute which directly and immediately involves:

(i) The production on a farm of milk, fruits, berries, vegetables or
other farm produce; or

(ii) The shipment of any such product from the farm where it was
produced; or

(iii) The first storage of any such product after shipment from the
farm where it was produced; or

(iv) The first processing by canning or freezing of fruits, berries or
vegetables; and

(b) The plaintiff is a producer of such product; and

(c) Such product is in a perishable condition; and

(d) The verified complaint and other testimony submitted by the
plaintiff, under oath, if sustained, would be sufficient not only to
justify the court in issuing a temporary injunction upon a hearing after
notice in accordance with the provisions of this section, but also to
show that the plaintiff will be irreparably damaged unless a restraining
order is issued; and

(e) The court or judge, before issuing the restraining order, makes a
decision to be filed in the record of the case in which he finds
specifically that each of the facts called for by subdivision one above
of this section has been established prima facie by the weight of the
evidence submitted in support of the application for the restraining
order and in opposition thereto.

Any such restraining order shall be effective for no longer than five
days and shall become void and not be subject to renewal at the
expiration of said five days.

3. No temporary injunction or restraining order shall be issued except
on condition that plaintiff shall first file a minimum undertaking of
one thousand dollars. Where an injunction or restraining order is sought
against more than a single individual, the court on the hearing shall
make a finding of the number of individuals sought to be enjoined and
the undertaking shall be increased by the sum of twenty dollars for each
additional member of a local or national body sought to be enjoined. The
maximum undertaking which may be required shall not exceed ten thousand
dollars. The undertaking shall be sufficient to recompense those
enjoined for any loss, expense or damage caused by the improvident or
improper issuance of such injunction, including all reasonable costs
(together with reasonable attorney's fees), and expense against the
granting of any injunctive relief sought in the same proceeding and
subsequently denied by the court. The undertaking herein mentioned shall
constitute an agreement on the part of the plaintiff and the surety upon
which a judgment may be entered in the same action or proceeding against
said plaintiff and surety. The filing of the undertaking shall be deemed
an appearance by the surety for that purpose. But nothing herein
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.

4. No injunctive relief shall be granted to any plaintiff who has
failed to plead and prove compliance with all obligations imposed by law
which are involved in the labor dispute in question, or who has failed
to allege and prove that he has made every reasonable effort to settle
such dispute either by negotiation or with the aid of any machinery of
mediation or voluntary arbitration, provided for by law or contract
between the parties.

5. No injunctive relief shall be granted except to prohibit such
specific act or acts as may be expressly complained of in the complaint
and the bill of particulars filed in such case and expressly included in
the findings of fact made and filed by the court. Such injunctive relief
shall be binding only upon the parties to the suit, their agents,
servants, employees, or those in active concert or participation with
them and who shall by personal service or otherwise have received actual
notice of the same.

6. No officer or member of any association or organization, and no
association or organization participating or interested in a labor
dispute (as these terms are herein defined) shall be held responsible or
liable in any civil action at law or suit in equity, or in any criminal
prosecution, for the unlawful acts of individual officers, members, or
agents, except upon proof by the weight of evidence and without the aid
of any presumptions of law or fact, of (a) the doing of such acts by
persons who are officers, members or agents of any such association or
organization, and (b) actual participation in, or actual authorization
of, such acts, or ratification of such acts after actual knowledge
thereof by such association or organization.

7. Every temporary injunction and restraining order shall by its terms
expire within such time after entry as the court or judge may fix, not
to exceed ten days, unless the plaintiff is ready by the expiration of
that period to proceed to trial and shall pay the necessary calendar and
trial fees.

8. No permanent injunction shall remain in force for more than six
months from the date on which the judgment is signed, provided, however,
that the duration of the injunction may be extended for another six
months, if after a further hearing initiated and conducted in the same
manner as the original hearing the court shall determine that the
injunction shall be continued or modified in accordance with the
findings of facts on the subsequent hearing.

9. Whenever any court or judge or judges thereof shall issue or deny
any temporary injunction in a case involving or growing out of a labor
dispute the stenographer shall furnish to the clerk within ten days the
original transcript of the minutes after fees therefor have been paid.
Immediately upon receiving such minutes the clerk shall cause notice of
that fact to be sent to the attorney for the appellant, or to the
appellant if he has not appeared by attorney. The appellant or his
attorney shall then procure the case to be settled on written notice of
at least three days to the clerk and to the attorney for the respondent
or to the respondent if he has not appeared by attorney, returnable
before the justice who tried the case. The clerk must thereupon make a
return to the appellate court, which must contain the summons,
pleadings, evidence and judgment or final order and all other necessary
papers and proceedings and have annexed thereto the opinion of the
court, if any, and the notice of appeal. The justice before whom the
case was tried shall within five days from the date of the submission to
him of the case on appeal, settle the case and endorse his settlement on
the return. The clerk must thereupon cause the return to be filed with
the clerk of the appellate court. After a justice is out of office he
may settle the case in any action or proceeding tried before him and may
be compelled by the appellate court to do so. Upon the filing of such
record in the appropriate appellate court the appeal shall be heard with
the greatest possible expedition, giving the proceeding precedence over
all other matters except older matters of the same character.

10. When used in this section, and for the purpose of this section:
(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 who are employees of one employer; or who
are members of the same or an affiliated organization of employers or
employees; whether such dispute is between one or more employers or
associations of employers and one or more employees or associations of
employees; between one or more employers or associations of employers
and one or more employers or associations of employers; or between one
or more employees or associations 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 hereinafter defined) of
"persons participating or interested" therein (as hereinafter defined).

(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 industry, trade, craft or occupation
in which such dispute occurs, or is a member, officer or agent of any
association of employers or employees engaged in such industry, trade,
craft or occupation.

(c) The term "labor dispute" includes any controversy concerning terms
or conditions of employment, or concerning the association or
representation of persons in negotiating, fixing, maintaining, changing
or seeking to arrange terms or conditions of employment, or concerning
employment relations, or any other controversy arising out of the
respective interests of employer and employee, regardless of whether or
not the disputants stand in the relation of employer and employee.