T44CH7
Title 44 > T44CH7
Sections (13)
44-701
TITLE 44 LABOR CHAPTER 7 INJUNCTIVE RELIEF IN LABOR DISPUTES 44-701. Declaration of policy — Collective bargaining. In the interpretation and application of this act, the public policy of this state is declared as follows: Negotiation of terms and conditions of labor should result from voluntary agreement between employer and employees. Governmental authority has permitted and encouraged employers to organize in the corporate and other forms of capital control. In dealing with such employers the individual unorganized worker is helpless to exercise actual liberty of contract and to protect his freedom of labor, and thereby to obtain acceptable terms and conditions of employment. Therefore it is necessary that the individual workman have full freedom of association, self-organization, and designation of representatives of his own choosing, to negotiate the terms and conditions of 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. History: [(44-701) 1933, ch. 215, sec. 1, p. 452.]
44-702
TITLE 44 LABOR CHAPTER 7 INJUNCTIVE RELIEF IN LABOR DISPUTES 44-702. Contracts between individual employee and employer for or against union membership barred. Every undertaking or promise hereafter made, whether written or oral, express or implied, between any employee or prospective employee and his employer, prospective employer or any other individual, firm, company, association, or corporation, whereby (a) Either party thereto undertakes or promises to join or to remain a member of some specific labor organization or organizations or to join or to remain a member of some specific employer organization or any employer organization or organizations; and or (b) Either party thereto undertakes or promises not to join or not to remain a member of some specific labor organization or any labor organization or organizations, or of some specific employer organization or any employer organization or organizations and or (c) Either party thereto undertakes or promises that he will withdraw from any employment relation in the event that he joins or remains a member of some specific labor organization or any labor organization or organizations, or of some specific employer organization or any employer organization or organizations, Is hereby declared to be contrary to public policy and shall not afford any basis for the granting of legal or equitable relief by any court against a party to such undertaking or promise, or against any other persons who may advise, urge or induce, without fraud, violence, or threat therefor, either party thereto to act in disregard of such undertaking or promise. History: [44-702, added 1933, ch. 215, sec. 2, p. 452.]
44-703
TITLE 44 LABOR CHAPTER 7 INJUNCTIVE RELIEF IN LABOR DISPUTES 44-703. Injunctions — Restrictions on issuance. No court, nor any judge or judges thereof shall have jurisdiction to issue any restraining order or temporary or permanent injunction which in specific or general terms prohibits any person or persons 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 regardless of any promise, undertaking, contract or agreement to do such work or to remain in such 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 44-702 ; (c) Paying or giving to, or withholding from, any person any strike or unemployment benefits of insurance or other moneys or things of value; (d) 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; (e) Giving publicity to and obtaining or communicating information regarding the existence of, or the facts involved in, any dispute, whether by advertising, speaking, patrolling any public street or any place where any person or persons may lawfully be, without intimidation or coercion, or by any other method not involving fraud, violence, breach of the peace, or threat thereof; (f) Ceasing to patronize or employ any person or persons; (g) Assembling peaceably to do or to organize to do any of the acts heretofore specified or to promote lawful interests; (h) Advising or notifying any person or persons of an intention to do any of the acts heretofore specified; (i) Agreeing with other persons to do or not to do any of the acts heretofore specified; (j) Advising, urging, or inducing without fraud, violence, or threat thereof, others to do the acts heretofore specified, regardless of any such undertaking or promise as is described in section 44-702 ; and (k) Doing in concert of any or all the acts heretofore specified on the ground that the persons engaged therein constitute an unlawful combination or conspiracy. History: [44-703, added 1933, ch. 215, sec. 3, p. 452.]
44-704
TITLE 44 LABOR CHAPTER 7 INJUNCTIVE RELIEF IN LABOR DISPUTES 44-704. Immunity from civil or criminal liability — Labor disputes. 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, both 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. History: [44-704, added 1933, ch. 215, sec. 4, p. 452.]
44-705
TITLE 44 LABOR CHAPTER 7 INJUNCTIVE RELIEF IN LABOR DISPUTES 44-705. Injunctions — Declaration of policy. In the interpretation and application of sections 44-706 — 44-709 , inclusive, the public policy of this state is declared as follows: Equity procedure that permits a complaining party to obtain sweeping injunctive relief that is not preceded by or conditioned upon notice to and hearing of the responding party or parties, or that issues after hearing based upon written affidavits alone and not wholly or in part upon examination, confrontation and cross-examination of witnesses in open court, is peculiarly subject to abuse in labor litigation for the reasons that (1) The status quo cannot be maintained but is necessarily altered by the injunction, (2) Determination of issues of veracity and of probability of fact from affidavits of the opposing parties that are contradictory and, under the circumstances, untrustworthy rather than from oral examination in open court is subject to grave error, (3) Error in issuing the injunctive relief is usually irreparable to the opposing party, and (4) Delay incident to the normal course of appellate practice frequently makes ultimate correction of error in law or in fact unavailing in the particular case. History: [44-705, added 1933, ch. 215, sec. 5, p. 452.]
44-706
TITLE 44 LABOR CHAPTER 7 INJUNCTIVE RELIEF IN LABOR DISPUTES 44-706. Injunctions — Grounds — Hearing required — Bond. No court nor any judge or judges thereof shall have jurisdiction to issue a temporary or permanent injunction in any case involving or growing out of a labor dispute, as herein defined, 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 all the following facts by the court or judge or judges thereof; (a) That unlawful acts have been threatened or committed, and will be executed or continued unless restrained; (b) That substantial or 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 no item of relief granted is relief that a court or judge thereof has no jurisdiction to restrain or enjoin under section 44-703 ; (e) That complainant has no adequate remedy at law; and (f) That the public officers charged with the duty to protect complainant’s property have failed or are unable 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 those public officers 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 before such hearing may be had, a substantial and irreparable injury to complainant’s property will be unavoidable, such a temporary restraining order may be granted upon the expiration of such reasonable notice of application therefor as the court may direct by order to show cause, but in no case less than forty-eight (48) hours. Such order to show cause shall be served upon such party or parties as are sought to be restrained and as shall be specified in said order, and the restraining order shall issue only upon testimony, or in the discretion of the court, upon affidavits, sufficient, if sustained, to justify the court in issuing a temporary injunction upon a hearing as herein provided. Such a temporary restraining order shall be effective for no longer than five (5) days, and at the expiration of five (5) days shall become void and not subject to renewal or extension, provided however that if the hearing for a temporary injunction shall have been begun before the expiration of the said five (5) days the restraining order may, in the court’s discretion be continued until a decision is reached upon the issuance of the temporary injunction. No temporary restraining order or temporary injunction shall be issued except on condition tha
44-707
TITLE 44 LABOR CHAPTER 7 INJUNCTIVE RELIEF IN LABOR DISPUTES 44-707. Plaintiff failing to comply with law or bargain in good faith — Injunction refused. No restraining order or injunctive relief shall be granted to any complainant who has failed to comply with any obligation imposed by law which is involved in the labor dispute in question, or who has failed to make very reasonable effort to settle such dispute either by negotiation or with the aid of any available machinery of governmental mediation of voluntary arbitration, but nothing herein contained shall be deemed to require the court to await the action of such tribunal if irreparable injury is threatened. History: [44-707, added 1933, ch. 215, sec. 7, p. 452.]
44-708
TITLE 44 LABOR CHAPTER 7 INJUNCTIVE RELIEF IN LABOR DISPUTES 44-708. Injunctions — Findings of fact — Scope of order. No restraining order or temporary or permanent injunction shall be granted in a case involving 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 granted 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 complained of in the bill of complaint or petition filed in such case and expressly included in said findings of fact made and filed by the court as provided herein; and shall be binding only upon the parties to the suit, their agents, servants, employees and attorneys, or those in active concert and participation with them, and who shall by personal service or otherwise have received actual notice of the same. History: [44-708, added 1933, ch. 215, sec. 8, p. 452.]
44-709
TITLE 44 LABOR CHAPTER 7 INJUNCTIVE RELIEF IN LABOR DISPUTES 44-709. Review of orders granting or refusing injunction. 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 court shall, upon the request of any party to the proceedings, and on his filing the usual bond for costs, forthwith certify the entire record of the case, including a transcript of the evidence taken, to the appropriate appellate court for its review. Upon the filing of such record in the appropriate appellate court the appeal shall be heard with the greatest possible expedition, giving the proceedings precedence over all other matters except older matters of the same character. History: [44-709, added 1933, ch. 215, sec. 9, p. 452.]
44-710
TITLE 44 LABOR CHAPTER 7 INJUNCTIVE RELIEF IN LABOR DISPUTES 44-710. Criminal contempt charged — Rights of accused. In all cases where a person shall be charged with direct criminal contempt for violation of a restraining order or injunction issued by a court or judge or judges thereof, the accused shall enjoy, (a) The rights as to admission to bail that are accorded to persons accused of crime. (b) The right to be notified of the accusation and a reasonable time to make a defense, provided the alleged contempt is not committed in the immediate view or presence of the court, (c) Upon demand, the right to a speedy and public trial by an impartial jury of the judicial district wherein the contempt shall have been committed, provided that this requirement shall not be construed to apply to contempts committed in the presence of the court or so near thereto as to interfere directly with the administration of justice or to apply to the misbehavior, misconduct, or disobedience of any officer of the court in respect to the writs, orders, or process of the court, and (d) The right to file with the court a demand for the retirement of the judge sitting in the proceeding, if the contempt arises from an attack upon the character or conduct of such judge and if the attack occurred otherwise than in open court. Upon the filing of any such demand the judge shall thereupon proceed no further, but another judge shall be designated by the presiding judge of said court. The demand shall be filed prior to the hearing in the contempt proceeding. History: [44-710, added 1933, ch. 215, sec. 10, p. 452.]
44-711
TITLE 44 LABOR CHAPTER 7 INJUNCTIVE RELIEF IN LABOR DISPUTES 44-711. Punishment for contempt. Punishment for a contempt, specified in section 44-710 , may be by fine, not exceeding one hundred dollars ($100), or by imprisonment not exceeding fifteen (15) days, in the jail of the county where the court is sitting, or both, in the discretion of the court. Where a person is committed to jail, for the nonpayment of such a fine, he must be discharged at the expiration of fifteen (15) days; but where he is also committed for a definite time, the fifteen (15) days must be computed from the expiration of the definite time. History: [44-711, added 1933, ch. 215, sec. 11, p. 452.]
44-712
TITLE 44 LABOR CHAPTER 7 INJUNCTIVE RELIEF IN LABOR DISPUTES 44-712. Labor dispute defined. The term labor dispute means any controversy between an employer and the majority of his employees in a collective bargaining unit concerning the right or process or details of collective bargaining or the designation of representatives. History: [44-712, added 1933, ch. 215, sec. 12, p. 452; am. 1947, ch. 266, sec. 1, p. 789.]
44-713
TITLE 44 LABOR CHAPTER 7 INJUNCTIVE RELIEF IN LABOR DISPUTES 44-713. Separability. If any provision of this act or the application thereof to any person or circumstance is held invalid, the remainder of the act and the application of such provisions to other persons or circumstances shall not be affected thereby. History: [44-713, added 1933, ch. 215, sec. 13, p. 452.]