NY Lab L § 807 (2021)
2021 New York Laws LAB - Labor Article 22-A - Injunctions in Labor Disputes 807 - 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.