2006 New York Code - Contempt Of Injunction Order To Be Tried By Jury



 
    §  808.  Contempt  of  injunction  order  to  be  tried  by jury.   1.
  Notwithstanding any other provision of law, no person shall be  punished
  either  by  fine or imprisonment for any alleged contempt arising out of
  any failure or refusal to obey any mandate of the court contained in  or
  incidental  to  an  injunction  order  granted by said court in any case
  involving or growing out of a labor dispute except after a trial by jury
  to which the defendant shall be entitled as a matter of right; provided,
  however, that this section shall not apply to any  alleged  contempt  of
  such an injunction order committed in the presence of the court.
    2. As used in subdivision one 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) 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;
    (c) 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.

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