IC 22-6-1
Chapter 1. Labor Disputes; Limitations on Issuance of Injunctions
IC 22-6-1-1 Jurisdiction; public policy
Sec. 1. No court of the state of Indiana, as defined in this chapter,
shall have jurisdiction to issue any restraining order or temporary or
permanent injunction in a case involving or growing out of a labor
dispute, except in a strict conformity with the provisions of this
chapter; nor shall any such restraining order or temporary or
permanent injunction be issued contrary to the public policy declared
in this chapter. (Formerly: Acts 1933, c.12, s.1.) As amended by P.L.144-1986,
SEC.157.
IC 22-6-1-2 Freedom of labor; right of association; public policy
Sec. 2. In the interpretation of this chapter and in determining the
jurisdiction and authority of the courts of the state, as such
jurisdiction and authority are defined and limited in this chapter, the
public policy of the state is hereby declared as follows:
Whereas, under prevailing economic conditions, developed with
the aid of governmental authority for owners of property to organize
in the corporate and other forms of ownership associations, the
individual unorganized worker is commonly helpless to exercise
actual liberty of contract and to protect his freedom of labor and
thereby to obtain acceptable terms and conditions of employment,
wherefore, though he should be free to decline to associate with his
fellows, it is necessary that he have full freedom of association,
self-organization, and designation of representatives of his own
choosing, to negotiate the terms and conditions of his employment,
and that he shall be free from 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; therefore, the following definition of and limitations upon
the jurisdiction and authority of the courts of the state of Indiana are
hereby enacted. (Formerly: Acts 1933, c.12, s.2.) As amended by P.L.144-1986,
SEC.158.
IC 22-6-1-3 "Yellow dog" contracts; public policy
Sec. 3. Any undertaking or promise, such as is described in this
section, or any other undertaking or promise in conflict with the
public policy declared in section 2 of this chapter, is hereby declared
to be contrary to the public policy of the state of Indiana, shall not be
enforceable in any court of the state of Indiana, and shall not afford
any basis for the granting of legal or equitable relief by any such
court, including specifically the following: Every undertaking or
promise made after May 22, 1933, whether written or oral, express
or implied, constituting or contained in any contract or agreement of
hiring or employment between any individual, firm, company,
association, limited liability company, or corporation, and any
employee or prospective employee of the same, whereby:
(a) either party to such contract or agreement undertakes or
promises not to join, become, or remain a member of any labor
organization or of any employer organization; or
(b) either party to such contract or agreement undertakes or
promises that he will withdraw from an employment relation in
the event that he joins, becomes, or remains a member of any
labor organization or of any employer organization. (Formerly: Acts 1933, c.12, s.3.) As amended by P.L.144-1986,
SEC.159; P.L.8-1993, SEC.290.
IC 22-6-1-4 Strikes; picketing; assembly; joining unions
Sec. 4. No court of the state of Indiana shall have jurisdiction to
issue any restraining order or temporary or permanent injunction in
any case involving or growing out of any labor dispute to prohibit
any person or persons participating or interested in such dispute (as
these terms are defined in this chapter) 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.
(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 3 of this
chapter.
(c) Paying or giving to, or withholding from any person
participating or interested in such labor dispute, or any strike or
unemployment benefits or insurance, or other moneys or things
of value.
(d) By all lawful means aiding any person participating or
interested in any labor dispute who is being proceeded against
in, or is prosecuting, any action or suit in any court of the state
of Indiana.
(e) Giving publicity to the existence of, or the facts involved in,
any labor dispute, whether by advertising, speaking, patrolling,
or by any other method not involving fraud or violence.
(f) Assembling peaceably to act or to organize to act in
promotion of their interests in a labor dispute.
(g) Advising or notifying any person of an intention to do any
of the acts specified in this section.
(h) Agreeing with other persons to do or not to do any of the
acts specified in this section.
(i) Advising, urging, or otherwise causing or inducing without
fraud or violence the acts specified in this section, regardless of
any such undertaking or promise as is described in section 3 of
this chapter. (Formerly: Acts 1933, c.12, s.4.) As amended by P.L.144-1986,
SEC.160.
IC 22-6-1-5 Conspiracy; unlawful combination
Sec. 5. No court of the state of Indiana shall have jurisdiction to
issue a restraining order or temporary or permanent injunction upon
the ground that any of the persons participating or interested in a
labor dispute constitutes or are engaged in an unlawful combination
or conspiracy because of the doing in concert of the acts enumerated
in section 4 of this chapter. (Formerly: Acts 1933, c.12, s.5.) As amended by P.L.144-1986,
SEC.161.
IC 22-6-1-6 Hearings; threatened unlawful acts; limitations; security
Sec. 6. (a) No court of the state of Indiana 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 fact by the court, to the effect:
(1) that unlawful acts have been threatened and will be
committed unless restrained or have been committed and will
be continued unless restrained, but no injunction or temporary
restraining order shall be issued on account of any threat or
unlawful act excepting against the person or persons,
association, or organization making the threat or committing the
unlawful act or actually authorizing or ratifying the same after
actual knowledge thereof;
(2) that substantial and irreparable injury to complainant's
property will follow;
(3) that as to each item of relief granted injury will be inflicted
upon complainant by the denial of relief than will be inflicted
upon defendants by the granting of relief;
(4) that complainant has no adequate remedy at law; and
(5) that the public officer charged with the duty to protect
complainant's property is unable or unwilling to furnish
adequate protection.
(b) Such hearings 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 the chief
of those public officers of the county and city within which the
unlawful acts have been threatened or committed charged with the
duty to protect complainant's property. However, if a complainant
shall also allege that, unless a temporary restraining order shall be
issued without notice, a substantial and irreparable injury to
complainant's property will be unavoidable, such a temporary
restraining order may be issued upon testimony under oath,
sufficient, if sustained, to justify the court in issuing a temporary
injunction upon a hearing after notice.
(c) Such a temporary restraining order shall be effective for no
longer than five (5) days and shall become void at the expiration of
said five (5) days.
(d) No temporary restraining order or temporary injunction shall
be issued except on conditions that complainant shall first file an
undertaking with adequate security in an amount to be fixed by the
court sufficient to recompense those enjoined for any loss, expense,
or damage caused by the improvident or erroneous issuance of such
order or injunction, including all reasonable cost (together with a
reasonable attorney's fee) and expense of defense against the order
or against the granting of any injunctive relief sought in the same
proceedings and subsequently denied by the court.
(e) The undertaking herein mentioned shall be understood to
signify an agreement entered into by the complainant and the surety
upon which the decree may be rendered in the same suit or
proceeding against said complainant and surety, upon a hearing to
assess damages of which hearing complainant and surety shall have
reasonable notice, the said complainant and surety submitting
themselves to the jurisdiction of the court 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. (Formerly: Acts 1933, c.12, s.7.) As amended by P.L.5-1988,
SEC.115.
IC 22-6-1-7 Arbitration or mediation; compliance with law
Sec. 7. 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 every reasonable effort to settle such dispute
either by negotiation or with the aid of any available governmental
machinery of mediation or voluntary arbitration. (Formerly: Acts 1933, c.12, s.8.)
IC 22-6-1-8 Complaints; finding of facts; basis of issuing order
Sec. 8. 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 finding of facts made and filed by the court in
the records 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 as shall be expressly included in said findings of fact made and
filed by the court as provided herein. (Formerly: Acts 1933, c.12, s.9.)
IC 22-6-1-9 Appeal and review; priorities
Sec. 9. Whenever any court of the state 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 the filing of the usual bond for cost, forthwith
certify as in ordinary cases the record of the case to the supreme
court or the court of appeals for its review. Upon the filing of such
records in the supreme court or the court of appeals, the appeal shall
be heard and the temporary injunction order affirmed, modified, or
set aside with the greatest possible expedition giving the proceedings
precedence over all other matters except older matters of the same
character. (Formerly: Acts 1933, c.12, s.10.) As amended by P.L.3-1989,
SEC.137.
IC 22-6-1-10 Contempt; speedy trial
Sec. 10. In all cases arising under this chapter in which a person
shall be charged with contempt in a court of the state of Indiana (as
defined in this chapter), the accused shall enjoy the right to a speedy
and public trial by an impartial jury of the state and county wherein
the contempt shall have been committed; provided, that this right
shall not 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. (Formerly: Acts 1933, c.12, s.11.) As amended by P.L.144-1986,
SEC.162.
IC 22-6-1-11 Contempt; change of judge
Sec. 11. The defendant in any proceeding for contempt of court
may 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
elsewhere than in the presence of the court or so near thereto as to
interfere directly with the administration of justice. Upon the filing
of any such demand the judge shall thereupon proceed no further, but
another judge shall be designated in the same manner as is provided
by law. The demand shall be filed prior to the hearing in the
contempt proceeding. (Formerly: Acts 1933, c.12, s.12.)
IC 22-6-1-12 Definitions
Sec. 12. When used in this chapter and for the purpose of this
chapter:
(a) A case shall be held to involve or grow out of a labor dispute
when the case involves persons who are engaged in the same
industry, trade, craft, or occupation, or have direct or indirect
interests therein, or who are employees of the same employer, or who
are members of the same or an affiliated organization of employers
or employees, whether such dispute is:
(1) between one (1) or more employers or association of
employers and one (1) or more employees or association of
employees;
(2) between one (1) or more employers or association of
employers and one (1) or more employer or association of
employers; or
(3) between one (1) or more employees or association of
employees and one (1) or more employees or association of
employees;
or when the case involves any conflicting or competing interests in
a labor dispute (as defined in subsection (c)) of persons participating
or interested therein (as defined in subsection (b)).
(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 same industry,
trade, craft, or occupation in which such dispute occurs, or has direct
or indirect interest therein, or is a member, officer, or agent of any
association composed in whole or in part 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,
regardless of whether or not the disputants stand in the proximate
relation of employer and employee.
(d) The term "court of the state of Indiana" means any court of the
state of Indiana whose jurisdiction is conferred or defined or limited
by statute. (Formerly: Acts 1933, c.12, s.13.) As amended by P.L.144-1986,
SEC.163.
IC 22-6-1
Chapter 1. Labor Disputes; Limitations on Issuance of Injunctions
IC 22-6-1-1 Jurisdiction; public policy
Sec. 1. No court of the state of Indiana, as defined in this chapter,
shall have jurisdiction to issue any restraining order or temporary or
permanent injunction in a case involving or growing out of a labor
dispute, except in a strict conformity with the provisions of this
chapter; nor shall any such restraining order or temporary or
permanent injunction be issued contrary to the public policy declared
in this chapter. (Formerly: Acts 1933, c.12, s.1.) As amended by P.L.144-1986,
SEC.157.
IC 22-6-1-2 Freedom of labor; right of association; public policy
Sec. 2. In the interpretation of this chapter and in determining the
jurisdiction and authority of the courts of the state, as such
jurisdiction and authority are defined and limited in this chapter, the
public policy of the state is hereby declared as follows:
Whereas, under prevailing economic conditions, developed with
the aid of governmental authority for owners of property to organize
in the corporate and other forms of ownership associations, the
individual unorganized worker is commonly helpless to exercise
actual liberty of contract and to protect his freedom of labor and
thereby to obtain acceptable terms and conditions of employment,
wherefore, though he should be free to decline to associate with his
fellows, it is necessary that he have full freedom of association,
self-organization, and designation of representatives of his own
choosing, to negotiate the terms and conditions of his employment,
and that he shall be free from 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; therefore, the following definition of and limitations upon
the jurisdiction and authority of the courts of the state of Indiana are
hereby enacted. (Formerly: Acts 1933, c.12, s.2.) As amended by P.L.144-1986,
SEC.158.
IC 22-6-1-3 "Yellow dog" contracts; public policy
Sec. 3. Any undertaking or promise, such as is described in this
section, or any other undertaking or promise in conflict with the
public policy declared in section 2 of this chapter, is hereby declared
to be contrary to the public policy of the state of Indiana, shall not be
enforceable in any court of the state of Indiana, and shall not afford
any basis for the granting of legal or equitable relief by any such
court, including specifically the following: Every undertaking or
promise made after May 22, 1933, whether written or oral, express
or implied, constituting or contained in any contract or agreement of
hiring or employment between any individual, firm, company,
association, limited liability company, or corporation, and any
employee or prospective employee of the same, whereby:
(a) either party to such contract or agreement undertakes or
promises not to join, become, or remain a member of any labor
organization or of any employer organization; or
(b) either party to such contract or agreement undertakes or
promises that he will withdraw from an employment relation in
the event that he joins, becomes, or remains a member of any
labor organization or of any employer organization. (Formerly: Acts 1933, c.12, s.3.) As amended by P.L.144-1986,
SEC.159; P.L.8-1993, SEC.290.
IC 22-6-1-4 Strikes; picketing; assembly; joining unions
Sec. 4. No court of the state of Indiana shall have jurisdiction to
issue any restraining order or temporary or permanent injunction in
any case involving or growing out of any labor dispute to prohibit
any person or persons participating or interested in such dispute (as
these terms are defined in this chapter) 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.
(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 3 of this
chapter.
(c) Paying or giving to, or withholding from any person
participating or interested in such labor dispute, or any strike or
unemployment benefits or insurance, or other moneys or things
of value.
(d) By all lawful means aiding any person participating or
interested in any labor dispute who is being proceeded against
in, or is prosecuting, any action or suit in any court of the state
of Indiana.
(e) Giving publicity to the existence of, or the facts involved in,
any labor dispute, whether by advertising, speaking, patrolling,
or by any other method not involving fraud or violence.
(f) Assembling peaceably to act or to organize to act in
promotion of their interests in a labor dispute.
(g) Advising or notifying any person of an intention to do any
of the acts specified in this section.
(h) Agreeing with other persons to do or not to do any of the
acts specified in this section.
(i) Advising, urging, or otherwise causing or inducing without
fraud or violence the acts specified in this section, regardless of
any such undertaking or promise as is described in section 3 of
this chapter. (Formerly: Acts 1933, c.12, s.4.) As amended by P.L.144-1986,
SEC.160.
IC 22-6-1-5 Conspiracy; unlawful combination
Sec. 5. No court of the state of Indiana shall have jurisdiction to
issue a restraining order or temporary or permanent injunction upon
the ground that any of the persons participating or interested in a
labor dispute constitutes or are engaged in an unlawful combination
or conspiracy because of the doing in concert of the acts enumerated
in section 4 of this chapter. (Formerly: Acts 1933, c.12, s.5.) As amended by P.L.144-1986,
SEC.161.
IC 22-6-1-6 Hearings; threatened unlawful acts; limitations; security
Sec. 6. (a) No court of the state of Indiana 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 fact by the court, to the effect:
(1) that unlawful acts have been threatened and will be
committed unless restrained or have been committed and will
be continued unless restrained, but no injunction or temporary
restraining order shall be issued on account of any threat or
unlawful act excepting against the person or persons,
association, or organization making the threat or committing the
unlawful act or actually authorizing or ratifying the same after
actual knowledge thereof;
(2) that substantial and irreparable injury to complainant's
property will follow;
(3) that as to each item of relief granted injury will be inflicted
upon complainant by the denial of relief than will be inflicted
upon defendants by the granting of relief;
(4) that complainant has no adequate remedy at law; and
(5) that the public officer charged with the duty to protect
complainant's property is unable or unwilling to furnish
adequate protection.
(b) Such hearings 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 the chief
of those public officers of the county and city within which the
unlawful acts have been threatened or committed charged with the
duty to protect complainant's property. However, if a complainant
shall also allege that, unless a temporary restraining order shall be
issued without notice, a substantial and irreparable injury to
complainant's property will be unavoidable, such a temporary
restraining order may be issued upon testimony under oath,
sufficient, if sustained, to justify the court in issuing a temporary
injunction upon a hearing after notice.
(c) Such a temporary restraining order shall be effective for no
longer than five (5) days and shall become void at the expiration of
said five (5) days.
(d) No temporary restraining order or temporary injunction shall
be issued except on conditions that complainant shall first file an
undertaking with adequate security in an amount to be fixed by the
court sufficient to recompense those enjoined for any loss, expense,
or damage caused by the improvident or erroneous issuance of such
order or injunction, including all reasonable cost (together with a
reasonable attorney's fee) and expense of defense against the order
or against the granting of any injunctive relief sought in the same
proceedings and subsequently denied by the court.
(e) The undertaking herein mentioned shall be understood to
signify an agreement entered into by the complainant and the surety
upon which the decree may be rendered in the same suit or
proceeding against said complainant and surety, upon a hearing to
assess damages of which hearing complainant and surety shall have
reasonable notice, the said complainant and surety submitting
themselves to the jurisdiction of the court 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. (Formerly: Acts 1933, c.12, s.7.) As amended by P.L.5-1988,
SEC.115.
IC 22-6-1-7 Arbitration or mediation; compliance with law
Sec. 7. 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 every reasonable effort to settle such dispute
either by negotiation or with the aid of any available governmental
machinery of mediation or voluntary arbitration. (Formerly: Acts 1933, c.12, s.8.)
IC 22-6-1-8 Complaints; finding of facts; basis of issuing order
Sec. 8. 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 finding of facts made and filed by the court in
the records 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 as shall be expressly included in said findings of fact made and
filed by the court as provided herein. (Formerly: Acts 1933, c.12, s.9.)
IC 22-6-1-9 Appeal and review; priorities
Sec. 9. Whenever any court of the state 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 the filing of the usual bond for cost, forthwith
certify as in ordinary cases the record of the case to the supreme
court or the court of appeals for its review. Upon the filing of such
records in the supreme court or the court of appeals, the appeal shall
be heard and the temporary injunction order affirmed, modified, or
set aside with the greatest possible expedition giving the proceedings
precedence over all other matters except older matters of the same
character. (Formerly: Acts 1933, c.12, s.10.) As amended by P.L.3-1989,
SEC.137.
IC 22-6-1-10 Contempt; speedy trial
Sec. 10. In all cases arising under this chapter in which a person
shall be charged with contempt in a court of the state of Indiana (as
defined in this chapter), the accused shall enjoy the right to a speedy
and public trial by an impartial jury of the state and county wherein
the contempt shall have been committed; provided, that this right
shall not 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. (Formerly: Acts 1933, c.12, s.11.) As amended by P.L.144-1986,
SEC.162.
IC 22-6-1-11 Contempt; change of judge
Sec. 11. The defendant in any proceeding for contempt of court
may 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
elsewhere than in the presence of the court or so near thereto as to
interfere directly with the administration of justice. Upon the filing
of any such demand the judge shall thereupon proceed no further, but
another judge shall be designated in the same manner as is provided
by law. The demand shall be filed prior to the hearing in the
contempt proceeding. (Formerly: Acts 1933, c.12, s.12.)
IC 22-6-1-12 Definitions
Sec. 12. When used in this chapter and for the purpose of this
chapter:
(a) A case shall be held to involve or grow out of a labor dispute
when the case involves persons who are engaged in the same
industry, trade, craft, or occupation, or have direct or indirect
interests therein, or who are employees of the same employer, or who
are members of the same or an affiliated organization of employers
or employees, whether such dispute is:
(1) between one (1) or more employers or association of
employers and one (1) or more employees or association of
employees;
(2) between one (1) or more employers or association of
employers and one (1) or more employer or association of
employers; or
(3) between one (1) or more employees or association of
employees and one (1) or more employees or association of
employees;
or when the case involves any conflicting or competing interests in
a labor dispute (as defined in subsection (c)) of persons participating
or interested therein (as defined in subsection (b)).
(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 same industry,
trade, craft, or occupation in which such dispute occurs, or has direct
or indirect interest therein, or is a member, officer, or agent of any
association composed in whole or in part 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,
regardless of whether or not the disputants stand in the proximate
relation of employer and employee.
(d) The term "court of the state of Indiana" means any court of the
state of Indiana whose jurisdiction is conferred or defined or limited
by statute. (Formerly: Acts 1933, c.12, s.13.) As amended by P.L.144-1986,
SEC.163.
IC 22-6-1
Chapter 1. Labor Disputes; Limitations on Issuance of Injunctions
IC 22-6-1-1 Jurisdiction; public policy
Sec. 1. No court of the state of Indiana, as defined in this chapter,
shall have jurisdiction to issue any restraining order or temporary or
permanent injunction in a case involving or growing out of a labor
dispute, except in a strict conformity with the provisions of this
chapter; nor shall any such restraining order or temporary or
permanent injunction be issued contrary to the public policy declared
in this chapter. (Formerly: Acts 1933, c.12, s.1.) As amended by P.L.144-1986,
SEC.157.
IC 22-6-1-2 Freedom of labor; right of association; public policy
Sec. 2. In the interpretation of this chapter and in determining the
jurisdiction and authority of the courts of the state, as such
jurisdiction and authority are defined and limited in this chapter, the
public policy of the state is hereby declared as follows:
Whereas, under prevailing economic conditions, developed with
the aid of governmental authority for owners of property to organize
in the corporate and other forms of ownership associations, the
individual unorganized worker is commonly helpless to exercise
actual liberty of contract and to protect his freedom of labor and
thereby to obtain acceptable terms and conditions of employment,
wherefore, though he should be free to decline to associate with his
fellows, it is necessary that he have full freedom of association,
self-organization, and designation of representatives of his own
choosing, to negotiate the terms and conditions of his employment,
and that he shall be free from 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; therefore, the following definition of and limitations upon
the jurisdiction and authority of the courts of the state of Indiana are
hereby enacted. (Formerly: Acts 1933, c.12, s.2.) As amended by P.L.144-1986,
SEC.158.
IC 22-6-1-3 "Yellow dog" contracts; public policy
Sec. 3. Any undertaking or promise, such as is described in this
section, or any other undertaking or promise in conflict with the
public policy declared in section 2 of this chapter, is hereby declared
to be contrary to the public policy of the state of Indiana, shall not be
enforceable in any court of the state of Indiana, and shall not afford
any basis for the granting of legal or equitable relief by any such
court, including specifically the following: Every undertaking or
promise made after May 22, 1933, whether written or oral, express
or implied, constituting or contained in any contract or agreement of
hiring or employment between any individual, firm, company,
association, limited liability company, or corporation, and any
employee or prospective employee of the same, whereby:
(a) either party to such contract or agreement undertakes or
promises not to join, become, or remain a member of any labor
organization or of any employer organization; or
(b) either party to such contract or agreement undertakes or
promises that he will withdraw from an employment relation in
the event that he joins, becomes, or remains a member of any
labor organization or of any employer organization. (Formerly: Acts 1933, c.12, s.3.) As amended by P.L.144-1986,
SEC.159; P.L.8-1993, SEC.290.
IC 22-6-1-4 Strikes; picketing; assembly; joining unions
Sec. 4. No court of the state of Indiana shall have jurisdiction to
issue any restraining order or temporary or permanent injunction in
any case involving or growing out of any labor dispute to prohibit
any person or persons participating or interested in such dispute (as
these terms are defined in this chapter) 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.
(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 3 of this
chapter.
(c) Paying or giving to, or withholding from any person
participating or interested in such labor dispute, or any strike or
unemployment benefits or insurance, or other moneys or things
of value.
(d) By all lawful means aiding any person participating or
interested in any labor dispute who is being proceeded against
in, or is prosecuting, any action or suit in any court of the state
of Indiana.
(e) Giving publicity to the existence of, or the facts involved in,
any labor dispute, whether by advertising, speaking, patrolling,
or by any other method not involving fraud or violence.
(f) Assembling peaceably to act or to organize to act in
promotion of their interests in a labor dispute.
(g) Advising or notifying any person of an intention to do any
of the acts specified in this section.
(h) Agreeing with other persons to do or not to do any of the
acts specified in this section.
(i) Advising, urging, or otherwise causing or inducing without
fraud or violence the acts specified in this section, regardless of
any such undertaking or promise as is described in section 3 of
this chapter. (Formerly: Acts 1933, c.12, s.4.) As amended by P.L.144-1986,
SEC.160.
IC 22-6-1-5 Conspiracy; unlawful combination
Sec. 5. No court of the state of Indiana shall have jurisdiction to
issue a restraining order or temporary or permanent injunction upon
the ground that any of the persons participating or interested in a
labor dispute constitutes or are engaged in an unlawful combination
or conspiracy because of the doing in concert of the acts enumerated
in section 4 of this chapter. (Formerly: Acts 1933, c.12, s.5.) As amended by P.L.144-1986,
SEC.161.
IC 22-6-1-6 Hearings; threatened unlawful acts; limitations; security
Sec. 6. (a) No court of the state of Indiana 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 fact by the court, to the effect:
(1) that unlawful acts have been threatened and will be
committed unless restrained or have been committed and will
be continued unless restrained, but no injunction or temporary
restraining order shall be issued on account of any threat or
unlawful act excepting against the person or persons,
association, or organization making the threat or committing the
unlawful act or actually authorizing or ratifying the same after
actual knowledge thereof;
(2) that substantial and irreparable injury to complainant's
property will follow;
(3) that as to each item of relief granted injury will be inflicted
upon complainant by the denial of relief than will be inflicted
upon defendants by the granting of relief;
(4) that complainant has no adequate remedy at law; and
(5) that the public officer charged with the duty to protect
complainant's property is unable or unwilling to furnish
adequate protection.
(b) Such hearings 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 the chief
of those public officers of the county and city within which the
unlawful acts have been threatened or committed charged with the
duty to protect complainant's property. However, if a complainant
shall also allege that, unless a temporary restraining order shall be
issued without notice, a substantial and irreparable injury to
complainant's property will be unavoidable, such a temporary
restraining order may be issued upon testimony under oath,
sufficient, if sustained, to justify the court in issuing a temporary
injunction upon a hearing after notice.
(c) Such a temporary restraining order shall be effective for no
longer than five (5) days and shall become void at the expiration of
said five (5) days.
(d) No temporary restraining order or temporary injunction shall
be issued except on conditions that complainant shall first file an
undertaking with adequate security in an amount to be fixed by the
court sufficient to recompense those enjoined for any loss, expense,
or damage caused by the improvident or erroneous issuance of such
order or injunction, including all reasonable cost (together with a
reasonable attorney's fee) and expense of defense against the order
or against the granting of any injunctive relief sought in the same
proceedings and subsequently denied by the court.
(e) The undertaking herein mentioned shall be understood to
signify an agreement entered into by the complainant and the surety
upon which the decree may be rendered in the same suit or
proceeding against said complainant and surety, upon a hearing to
assess damages of which hearing complainant and surety shall have
reasonable notice, the said complainant and surety submitting
themselves to the jurisdiction of the court 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. (Formerly: Acts 1933, c.12, s.7.) As amended by P.L.5-1988,
SEC.115.
IC 22-6-1-7 Arbitration or mediation; compliance with law
Sec. 7. 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 every reasonable effort to settle such dispute
either by negotiation or with the aid of any available governmental
machinery of mediation or voluntary arbitration. (Formerly: Acts 1933, c.12, s.8.)
IC 22-6-1-8 Complaints; finding of facts; basis of issuing order
Sec. 8. 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 finding of facts made and filed by the court in
the records 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 as shall be expressly included in said findings of fact made and
filed by the court as provided herein. (Formerly: Acts 1933, c.12, s.9.)
IC 22-6-1-9 Appeal and review; priorities
Sec. 9. Whenever any court of the state 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 the filing of the usual bond for cost, forthwith
certify as in ordinary cases the record of the case to the supreme
court or the court of appeals for its review. Upon the filing of such
records in the supreme court or the court of appeals, the appeal shall
be heard and the temporary injunction order affirmed, modified, or
set aside with the greatest possible expedition giving the proceedings
precedence over all other matters except older matters of the same
character. (Formerly: Acts 1933, c.12, s.10.) As amended by P.L.3-1989,
SEC.137.
IC 22-6-1-10 Contempt; speedy trial
Sec. 10. In all cases arising under this chapter in which a person
shall be charged with contempt in a court of the state of Indiana (as
defined in this chapter), the accused shall enjoy the right to a speedy
and public trial by an impartial jury of the state and county wherein
the contempt shall have been committed; provided, that this right
shall not 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. (Formerly: Acts 1933, c.12, s.11.) As amended by P.L.144-1986,
SEC.162.
IC 22-6-1-11 Contempt; change of judge
Sec. 11. The defendant in any proceeding for contempt of court
may 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
elsewhere than in the presence of the court or so near thereto as to
interfere directly with the administration of justice. Upon the filing
of any such demand the judge shall thereupon proceed no further, but
another judge shall be designated in the same manner as is provided
by law. The demand shall be filed prior to the hearing in the
contempt proceeding. (Formerly: Acts 1933, c.12, s.12.)
IC 22-6-1-12 Definitions
Sec. 12. When used in this chapter and for the purpose of this
chapter:
(a) A case shall be held to involve or grow out of a labor dispute
when the case involves persons who are engaged in the same
industry, trade, craft, or occupation, or have direct or indirect
interests therein, or who are employees of the same employer, or who
are members of the same or an affiliated organization of employers
or employees, whether such dispute is:
(1) between one (1) or more employers or association of
employers and one (1) or more employees or association of
employees;
(2) between one (1) or more employers or association of
employers and one (1) or more employer or association of
employers; or
(3) between one (1) or more employees or association of
employees and one (1) or more employees or association of
employees;
or when the case involves any conflicting or competing interests in
a labor dispute (as defined in subsection (c)) of persons participating
or interested therein (as defined in subsection (b)).
(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 same industry,
trade, craft, or occupation in which such dispute occurs, or has direct
or indirect interest therein, or is a member, officer, or agent of any
association composed in whole or in part 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,
regardless of whether or not the disputants stand in the proximate
relation of employer and employee.
(d) The term "court of the state of Indiana" means any court of the
state of Indiana whose jurisdiction is conferred or defined or limited
by statute. (Formerly: Acts 1933, c.12, s.13.) As amended by P.L.144-1986,
SEC.163.
