2023 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.