2006 New York Code - 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
  promise;
    (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.